Warraber (No 2) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
|1 December 2015
|Indigenous Land Use Agreement (ILUA) (Native Title Act)
|The Agreement Area covers lot 120 on Ganaia Street, Warraber Island in the Torres Strait. The Agreement Area covers 1,081 square metres.
|Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 1 December 2015. This is a Body Corporate Agreement under the Native Title Act 1993 (Cth).
|National Native Title Tribunal File No.: QI2015/084
|Warraber (No 2) Torres Strait Social Housing Indigenous Land Use Agreement (ILUA) is a Body Corporate Agreement between:
- State of Queensland Acting through the Department of Aboriginal and Torres Strait Islander Partnerships (State) (applicant); and
- Warraberalgal (Torres Strait Islanders) Corporation RNTBC (Corporation); and
- Torres Strait Island Regional Council (Trustee).
The purpose of this Agreement to grant a social housing lease and allow for the construction, maintenance and repair of social housing and related infrastructure within the Agreement Area.
This ILUA was registered with the Register of Indigenous Land Use Agreements on 1 December 2015.
The Agreement Extract does not provide a specific start or end date for the Agreement. The Agreement Extract states that the Agreement is to commence on the Execution Date. Clauses 5 and 6 of the Agreement are to commence on registration, being 1 December 2015.
The Agreement may be terminated by written agreement executed by each party.
Use of the Agreement Area
The Right to Negotiate
The Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to the Agreed Acts.
The Agreed Acts
The Agreement Extract states in clause 5.1 that the parties consent to doing any of the Agreed Acts for the purpose of the Project after the Execution Date.
"The Project" involves the grant of a Social Housing Lease and the construction, renovation or repair of any Social House in accordance with the terms of them Social Housing Lease and the doing of any Social Housing Infrastructure Works for the purpose of servicing those Social Houses.
The "Agreed Acts" allowed for the purpose of the Project means any of the following: -
(a) The grant by the Trustee of any Social Housing Lease or any amendment of a Social Housing Lease or the grant of any sublease of a Social Housing Lease;
(b) The registration of any Social Housing Lease or any amended Social Housing Lease under the Land Title Act 1994 (Qld);
(c) The doing of any Activity permitted or contemplated by any Social Housing Lease or any amended Social Housing Lease or any sublease of a Social Housing Lease, including any survey activities, geotechnical investigations, the clearing of any land, and the creation of any interests (other than a renewal or extension of a lease);
(d) The surrender by the State of any part of any Social Housing Lease, to facilitate the grant by the Trustee of any subsequent interest in the Agreement Area;
(e) The doing of any Social Housing Infrastructure Works.
The "Social Housing Infrastructure Works” means anything which: -
(a) permits or requires; or
(b) consists of the construction, operation, use, maintenance or repair of any road, footpath, lighting of streets, water supply, sewerage reticulation, electricity supply, domestic gas supply, communications facility or any other similar thing in the Agreement Area and which are accurately specified with particularity in a Project Notice.
Native Title in the ILUA Area
The Agreement area falls within the Warraber People native title application QUD6073/1998.
In Poruma People v State of Queensland  FCA 1066 the Federal Court of Australia determined that the Warraber People hold non-exclusive native title rights and interests over the entire Determination Area.