The Erub Infrastructure and Housing Indigenous Land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between:
- the State of Queensland, acting through the Department of Aboriginal and Torres Strait Islander Partnerships;
- Erubam Le Traditional Land and Sea Owners (Torres Strait Islanders) Corporation Registered Native Title Body Corporate (RNTBC);
- the Torres Strait Island Regional Council (TRSIC); and
- the Torres Strait Regional Authority.
The purpose of the ILUA is to allow the State of Queensland and the TRSIC to undertake major infrastucture projects in the ILUA area, including the development of housing, home ownership, and the continuance of local government service provision.
The Native Title Representative Body for this area is the Torres Strait Regional Authority.
Details of the Agreement
Commencement and Termination
The ILUA commences as a contract from the date that the last party signed (this date is unspecified in the Extract). It operates as an ILUA and in respect of the agreed future acts from the registration date, 1 December 2020.
The ILUA continues until terminated by the written agreement of all 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 the agreed future acts.
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 ILUA which may be inconsistent with native title rights and interests do not extinguish these rights and interests, instead they are revived when the activities are finished.
Future act provisions
Subject to the issuing of consent certificates and notice, the parties agree that TSIRC, the State of Queensland, TSIRC jointly with the State, or any person who the RNTBC nominates (in writing) are to undertake five classes of future acts as follows:
- Class 1 MIP Future Acts - funded through the joint State and Commonwealth program known as the Major Infrastructure Program and/or its successors. These acts involve the permit, construction, operation, use, maintenance or repair of an ingfrastructure facility in a project area of up to 30,000 sq m, or in an ancilliary project area;
- Class 2 Non-MIP Future Acts - acts, other than the other classes of acts, undertaoken in a project area of 30,000 sq m, or in an ancilliary area that involve the permit, construction, operation, use, maintenance or repair of an ingfrastructure facility. Theses acts do not involve the the grant of freehold title;
- Class 3 Housing - Home Ownership Future Acts - acts undertaken in a project area of up to 30,000 sq m and involve the grant of one or more leases for a term of more than 30 years, but not more than 99 years, for private residential purposes;
- Class 4 Housing - Renovation ACts - acts undertaken in a project area up to 30,000 sq m and involve the maintenance, repair, renovation, refurbishment or extension of one or more dwelling houses that are Social Houses or houses that have been part of a project innvolving Class 3 Housing - Home Ownership Future Acts;
- Class 5 Transfer-Related Future Area Future Acts -acts in a project area of any size (within the ILUA area) that permit, require or consist of the construction, operation, use, maintenance or repair of one or more Infrastructure Facitility in connection with a proposed grant of transferable land in freehold to the RNTBC under the Torres Strait Islander Land Act 1991 (Qld). The purpose being to ensure that the TRSIRC can continue to provide local government services to communities on the land after it is transferred.
The parties also consent to the validating of any of the above future acts, that would otherwise be in conflict withe Native Title Act 1993 (Cth), if done prior to the registration date of the ILUA or after an Initial Project Notice has been given but prior to the RNTBC giving a consent certificate.
Native Title in the Agreement Area
The ILLUA area is with the area of the native title determination Mye on behalf of the Erubam Le v State of Queensland  FCA 1573 (FCA file no.: QUD6036/98; NNTT file no.: QCD2004/005).