Background to the Agreement:
The agreement enables the construction and leasing of a multi-purpose facility with offices, a meeting room, a reception, kitchen, toilet, garage and storage in an agreed area in the outer islands of the Torres Strait. The facility will provide a base for the Torres Strait Regional Authority's land and sea rangers and their boats, vehicles and other TSRA assets (Torres Strait Regional Authority, 2018).
This Agreement commences on 4 November 2016, however, clause 5, (concerning the agreed acts), and clause 6, commence upon registration (24 January 2017).
The Agreementmay be terminated by writtemna greement of each party.
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.
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
The Extract contains statements referencing 24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), so the consequences of these sections are triggered, meaning that the Agreement provides consent for the doing of any acts by non-native title parties and validates previous future acts.
The future acts consented to by the parties include the following:that grants of the facility by the Trustee (the Torres Strait Island Council) and the grant of a sublease within the area for the purposes of the project may occur in the future;that registration of the facility or a sub-lease under the Torres Strait Islander Act (1991) Qld may occur in the future (within the agreement area and for the purposes of the project);to future surveying, geotechnical investigations, the granting of permits (including Development approvals), the construction of the facility, the upgrade, renovation and restoration of the facility, the clearing of land within the agreement area, the use of the facility and to the carrying out of infrastructure work for the purposes of the project
Native Title in the Area:
The Agreement is located within the native title determination area recognised by the Federal Court of Australia (FCA) in the proceeding Mye on Behalf of the Erubam Le v State of Queensland  FCA 1573 (FCA File No.: QUD6036/98; NNTT File No.: QUD6036/1998).