Extract from Register of Indigenous Land Use Agreements

NNTT number QI2001/006 Short name Telstra and ILUA ILUA type Area Agreement Date registered 28/03/2002 State/territory Local government region Island Regional Council

Description of the area covered by the agreement The area covered by the Agreement is the land and waters above the high water mark (as defined in the Land Act 1994 (Qld)) on Saibai Island in the Torres Strait. This is an area of about 112.7 sq kms, as shown on the locality map. The agreement area falls within the local government area of the .

Parties to agreement Applicant

Party name Telstra Corporation Ltd Contact address 7/171 West Roma Street Brisbane QLD 4000

Other Parties

Party name Dana Yestin Ober Contact address C/-TSRA PO Box 388 QLD 4875

Party name Saibai Mura Buway ( ) Corporation Contact address C/- Saibai Island Council Torrest Strait QLD 4875

Party name Terry Tabuai Waia Contact address C/-TSRA PO Box 388 Thursday Island QLD 4875

Party name Walter Wagea Waia Contact address C/-TSRA PO Box 388 Thursday Island QLD 4875

National Native Title Tribunal Page 1 of 2 Extract from Register of Indigenous Land Use Agreements QI2001/006

Version created: 17/6/2020 04:33 PM Further information: National Native Title Tribunal 1800 640 501 Period in which the agreement will operate Start date not specified End Date not specified

Statements of the kind mentioned in ss. 24EB(1) or 24EBA(1) or (4) (Explanatory notes in [ ] inserted by the National Native Title Tribunal)

6.2 Existing Telecommunications Facilities Not to be Disturbed

The Native Title Holder and the Registered Native Title Claimants: (b) hereby consent to the doing of activities or works on Existing Sites undertaken by Telstra (including its contractors or agents) in the usual course of Telstra’s business without requiring notification. This is not intended to affect Telstra’s obligation to notify the Native Title Holder or the Registered Native Title Claimants of its intention to enter the land or waters adjacent to any Existing Site if required to do so by Law.

10.1 Consent of the Native Title Holder and the Registered Native Title Claimants

The Native Title Holder and the Registered Native Title Claimants hereby consent to the granting of any Occupancy Agreement which Telstra reasonably requires: (a) in connection with the proposed Construction of a Future Telecommunications Facility provided that Telstra has complied with clause 9.2 [concerns processes of Notification and Consultation]; (b) in relation to the area (approximately) of an Existing Site or the area (approximately) of an Existing Occupancy Interest in relation to an Existing Site.

Schedule 2

* Radio Transmitter on Lot 31 on Plan TS324 (which is outside of the Native Title Land but within Agreement Area) * Local Distribution Cabling

Definitions: “Existing Occupancy Interest” means an Occupancy Interest in existence prior to or at the date of the Determination of Native Title under the authority or purported authority of which Telstra occupies land and/or waters within the Agreement Area;

“Existing Site” means the land and/or waters on which Existing Telecommunications Facilities have been Constructed including any adjacent land or waters the use of which is necessary for, or incidental to, the operation of the Facilities. An indication of the area of the sites of the most significant Existing Telecommunications Facilities is listed in Schedule 2;

“Existing Telecommunications Facilities” means telecommunications facilities which: (a) were Constructed within the Agreement Area at the date of the Determination of Native Title; and (b) are owned, maintained or operated by or on behalf of Telstra; the most significant of these facilities are those listed in Schedule 2;

“Future Telecommunications Facility” means a Telecommunications Facility which is or will be: (a) constructed after the date of the Determination of Native Title; and (b) owned, maintained or operated by or on behalf of Telstra; but does not include a Telecommunications Facility Constructed within Existing Sites after the date of this Deed;

“Occupancy Agreement” means a lease, licence, permit, easement or authority;

“Occupancy Interest” means any lease, licence, permit, reservation, easement, statutory land access right, agreement or other instrument, irrespective of its validity.

Attachments to the entry Nil Attachments

National Native Title Tribunal Page 2 of 2 Extract from Register of Indigenous Land Use Agreements QI2001/006

Version created: 17/6/2020 04:33 PM Further information: National Native Title Tribunal 1800 640 501