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Native Title

Native Title is the recognition under Australian law by the Federal Court of Torres Strait Islander and Aboriginal people's rights and interests in land and waters according to their traditional laws and customs

Native Title and the Torres Strait Region

Native Title exists on all the islands and claims have been settled on all the islands, with the exception of Kirirri (Hammond). It's expected that this claim will be finalised in the near future.

After a court determines that Native Title exists, a Registered Native Title Body Corporate (RNTBC) is set up to hold the Native Title rights and interests on behalf of the Native Title holders. A RNTBC is also called a Prescribed Body Corporate (PBC).

Indigenous Land Use Agreements (ILUAs)

The Native Title Act 1993 mandates obtaining consent from the PBC for activities on Native Title land, formalised through an Indigenous Land Use Agreement (ILUA). ILUAs are voluntary agreements that must be registered with the National Native Title Tribunal (NNTT) to be lawful.

Details of the PBCs in TSIRC’s Local Government Area

Inner Islands: Kaiwalagal Kaurareg Aboriginal Nation

  • Division 8 - Kirriri / Hammond Island: no PBC

    Native title claim not yet concluded refer to Kaurareg People #3 (QC2010/003) Application Details

Eastern Islands: Kemer Kemer Meriam Nation

Frequently Asked Questions

What is Native Title and how does it apply to the Torres Strait region?

Native Title is the recognition under Australian law of Torres Strait Islander and Aboriginal people's traditional rights and interests in land and waters. In the Torres Strait region, Native Title exists on all islands, except for Kirirri (Hammond Island), which is expected to be finalised soon.


What happens after Native Title is recognised on an island?

Once Native Title is determined by the court, a Registered Native Title Body Corporate (RNTBC), also known as a Prescribed Body Corporate (PBC), is established. This body holds the Native Title rights and interests on behalf of the Native Title holders.


What are Indigenous Land Use Agreements (ILUAs) and when are they required?

Indigenous Land Use Agreements (ILUAs) are formal agreements required under the Native Title Act 1993 for activities on Native Title land. These agreements must be made with the PBC and registered with the National Native Title Tribunal (NNTT) to be legally valid.


Contact Us

All enquiries, please contact us:

Phone: 07 4034 5700

Email: info@tsirc.qld.gov.au

Postal Address: PO Box 7336 Cairns QLD 4870

Contact a PBC:

Should you need to contact the PBCs directly their contact details can be accessed through:

ORIC (the Office of the Registrar of Indigenous Corporations)
Gur A Baradharaw Kod Torres Strait Sea and Land Council Torres Strait Islander and Aboriginal Corporation (“GBK”)