Masig Health Care Indigenous Land Use Agreement (ILUA)

Masig (Yorke Island) in the Torres Strait.

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 16 October 2018. This is an authorised Body corporate agreement under the Native Title Act 1993 (Cth).

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

• the State of Queensland represented by the Torres and Cape Hospital and Health Services;
• Masigalgal (Torres Strait Islanders) Corporation RNTBC; and
• the Torres Strait Island Regional Council.

The agreement area covers about 2198 sq metres on Masig (Yorke Island) in the Torres Strait.

The purpose of the agreement is to give consent to the use of the agreement area as the site of operations for the Masig Primary Health Care Centre. The agreement relates to the refurbishment of existing facilities for this purpose as well as the construction of new facilities in the agreement area.

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

Agreement Area:

The agreement area covers about 2198 sq metres on Masig (Yorke Island) in the Torres Strait.  The extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA as lots 124-15 on SP27431, as shown on the maps and plan in Schedule 1. For maps of the agreement area, see Schedule 1 attached below.

Commencement:

The agreement is binding from the date when signed by all the parties. It has effect as an ILUA from the dtae it was entered onto the Register of Indigenous Land Use Agreements, 16 October 2018.

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 acts agreed to under this ILUA.

Future act provisions:

The parties agree to the doing of certain agreed acts, specifically the parties' consent to:

• the State granting the trustee lease over the agreement area to the Torres Strait Island Regional Council, under the Torres Strait Islander Land Act 1991 (Qld);
• the refurbishment of the facilities existing on the agreement are; and
• the construction of new facilities on the agreement area as per the terms of the lease, or for the extension of the Masig Primary Health Care Centre and staff accommodation;

The parties also consent to the doing of 'future acts' - being any of the above acts that have been agreed to, that were done prior to the date this agreement was registered and after the compensation payment due date.

Native Title in the Agreement Area:

This agreement is located within the native title determination area of the Federal Court of Australia proceeding Masig People v State of Queensland [2000] FCA 1607. (FCA file no.: QUD6050/1998, QUD60608/1998, NNTT file no.: QCD2000/003)

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