The agreement area covers about 4,960 sq km, consisting of three land areas on Yam Island in the Torres Strait.
The extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per schedule 1 and 2 of the agreement (see the attached documents below).
The agreement commenced on the date that it was signed by the last of the parties, that being 22 January 2018. It has effect as an ILUA from the date of registration.
The agreement may be ended by the written agreement of the parties.
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 any acts agreed to under this ILUA.
No acts done by non-native title parties under this agreement will extinguish native title rights and interests.
Future act provisions
Where the State of Queensland has given a Project Notice to the Magani Lagaugal (Torres Strait Islanders) Corporation RNTBC, the parties consent to the following agreed acts:
- the Torres Strait Regional Council, as trustee, granting any social housing lease for the purpose of social housing under the Torres Strait Islander Land Act 1991 (Qld);
- the registration of any social housing lease under the Land Title Act 1994 (Qld), the Land Act 1994 (Qld) or the Torres Strait Islander Land Act 1991 (Qld);
- any activities contemplated or required by any social housing lease, including surveys, land clearing, the grant of any permits, the construction and renovation of any social houses, and the grant of any interests (other than freehold title or the renewal or extension of a lease) for the purpose of social housing;
- the State surrendering any part of any social housing lease so that the
Torres Strait Regional Council may grant any subsequent interest in the land for any other purpose except for purposes of the social housing project; and
- the doing of any social housing infrastructure works.
Native Title in the Agreement Area:
The agreement is within the area of native title recognised in the determination David on behalf of the Iama People and Tudulaig v State of QueenslandÂ (Yam Islanders/Tudulaig People) (FCA file no.: QUD6052/1998; NNTT file no.: QCD2004/009)