Dauan Health Care Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 2 of the Agreement, as:

• Two areas within the coordinates specified in Schedule 2 on Lot 48 on SP270872;
• Lot 49 on SP270872.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 6 March 2019. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).

The Dauan Health Care Indigenous Land Use Agreement (ILUA) was agreed under the provisions of the Native Title Act 1993 (Cth), between :

The agreement area covers about 783 sq km, consisting of 3 lots on Dauan (Mt Cornwallis Island) in the Torres Strait. 

The purpose of the agreement is to provide consent for the demolition of the Dauan Primary Health Care Centre and for the construction of new health care facilities.

The Native Title Representative Body for this area is the Torres Strait Regional Authority.

Commencement:

The agreement commences on the date the agreement is executed by the parties, with the exception of clauses 6 and 9.1 which commence on 6 March 2019 (the registration date).

Termination:

The Extract does not contain any information regarding the termination of the agreement.

Native Title Provisions:

Right to negotiate

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) do not apply to the doing of the agreed acts (see below).

Extinguishment

The parties agree that the non-extinguishment principle applies - this means that under s 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

Future act provisions

This agreement provides consent for the doing of agreed acts, which are the demolition of the Dauan Primary Health Care Centre, the granting of short term and long term leases and the construction of new health care facilities, namely:

• the new Dauan Primary Health Care Centre and staff accommodation;
• a temporary Health Clinic;
• a construction lay down area; and
• any other new facilities to be constructed on the agreement area under the terms of the leases.

The agreement also provides consent for the doing of any future acts necessary or incidental to the above.

Native Title in the Agreement Area:

The agreement is located within the area of native title recognised by the Federal Court of Australia in the consent determination proceeding Dauan People v State of Queensland [2000] FCA 1064 (FCA File No.: QUD6248/1998; NNTT File No. QCD2000/002).

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