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Mualgal (Torres Strait Islanders) Corporation RNTBC
OVERVIEW
The Mualgal (Torres Strait Islanders) Corporation RNTBC administers land on behalf of the Mualgal people. The
Mualgal’s people ownership of Moa and other islands in the Torres Strait was recognised in two native title
determinations: the Moa Island determination and the Mualgal #2 determination.
The Moa Island determination was the result of an agreement negotiated between the parties to recognise native
title. The agreement acknowledges the Mualgal people’s right to possess, use, occupy and enjoy Moa Island
according to their traditional customs. Made in February 1999, this was the first determination in the Torres Strait
since the Mabo decision.
The Mualgal #2 determination was also negotiated between the parties. Lodged in 2002, over four years the
parties agreed to recognise the Mualgal people’s native title right to:

Exclusive possession of land, and

Non-exclusive use of water and things within it for person, domestic and non-commercial communal
needs.
This agreement was affirmed by the Federal Court in 2006 in conjunction with another claim (Badu & Moa People
#2). These two consent determinations recognise the Badulgal and Mualgal people’s native title over 80
uninhabited islands in the Torres Strait.
In addition to the Moa Island and Mualgal #2 determinations, the Mualgal (Torres Strait Islanders) Corporation
RNTBC also administers an Indigenous Land Use Agreement with Telstra over Moa Island.
RNTBC PROFILE
NAME OF RNTBC ORIC
MUALGAL (TORRES STRAIT ISLANDERS) CORPORATION RNTBC
TYPE OF RNTBC ATNS
AGENT AND TRUSTSEE
STATE/TERRITORY
QLD (TSI)
MAP
NNTT HYPERLINK
National Native Title Tribunal Produced Map
CONTACT DETAILS
ORIC HYPERLINK
The following contact details are subject to change. Check ORIC for recent details:
Contact Officer: Garagu Kanai
Mail Address: C/- Kubin Community, Torres Strait, MOA ISLAND QLD 4875
Phone Number: 07 4069 4295
Email Address: [email protected]
RNTBC ADMINISTRATION
INDIGENOUS
CORPORATION NUMBER
3369
DATE OF
INCORPORATION
18/01/1999
DOCUMENTATION
ORIC HYPERLINK
Documentation, Rules, Member List, etc.
Updated 12/02/2015
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NATIVE TITLE DETERMINATION INFORMATION
NNTT SHORT NAME
NNTT HYPERLINK
MOA ISLAND
MUALGAL PEOPLE #2
CASE LAW
AUSTLII HYPERLINK
Mualgal People v Queensland [1999] FCA
157
Manas v State of Queensland [2006] FCA
413
DATE OF
DETERMINATION
12/02/1999
13/04/2006
TYPE OF
DETERMINATION
ATNS HYPERLINK
CONSENT DETERMINATION
CONSENT DETERMINATION
DETERMINATION
OUTCOME
NATIVE TITLE EXISTS IN THE ENTIRE
DETERMINATION AREA
NATIVE TITLE EXISTS IN THE ENTIRE
DETERMINATION AREA
TRIBUNAL FILE NO
QCD1999/002
QCD2006/003
FEDERAL COURT FILE
NO
QUD6035/1998
QUD6003/2002
NATIVE TITLE RIGHTS
AND INTERESTS1
The nature and extent of the native title
rights and interests in relation to the
determination area are the rights and
interests of the common law holders to
possess, occupy, use and enjoy the
determination area in accordance with
Order 6, but always subject to and in
accordance with their traditional laws and
customs, and in particular to:
(a) live on and build structures on the
determination area;
(b) maintain and manage the determination
area for the benefit of the Mualgal people,
including to:
(i) conserve and safeguard the natural
resources of the determination area;
(ii) make decisions and impose conditions
about the use and enjoyment of the
determination area and its natural
resources by the Mualgal people and other
persons; and
(iii) make decisions and impose conditions
about access rights to the determination
area by other persons;
(c) use and enjoy the determination area
and its natural resources for social, cultural,
economic, religious, spiritual, traditional
and customary purposes, including to:
(i) hunt, fish and gather;
The nature and extent of the native title
rights and interests in relation to the
determination area are:
(a) to possession, occupation, use and
enjoyment of all land in the determination
area to the exclusion of all others; and
(b) in relation to water the right to:
(i) hunt and fish in or on, and gather from,
the water for the purpose of satisfying
personal, domestic or non-commercial
communal needs; and
(ii) take, use and enjoy the water for the
purpose of satisfying personal, domestic or
non-commercial communal needs;
provided that such right to water does not
confer any right to possession, use or
enjoyment of the water to the exclusion of
others.
1
These native title rights and interests are subject to the laws of the Commonwealth and the State of Queensland.
They may also be subject to particular interests specified in the determination.
Updated 12/02/2015
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(ii) exercise and carry out economic
activities on the determination area
including to grow, produce and harvest; and
(iii) engage in trade;
(d) exercise cultural, spiritual, religious,
traditional and customary rights and
discharge such responsibilities on the
determination area, including to:
(i) preserve sites on the determination area
of significance to the Mualgal people and
other Torres Strait Islanders;
(ii) decide on, carry out and pass on the
culture, traditions and customs of the
Mualgal people which apply to the
determination area;
(iii) conduct and maintain cultural, spiritual
and religious practices and institutions
through ceremonies and proper and
appropriate maintenance and use of the
determination area;
(iv) inherit, dispose of or give native title
rights and interests in the determination
area to others;
(v) resolve disputes between the common
law holders and other parties in relation to
the determination area; and
(vi) conduct burials on the determination
area.
AREA OF LAND
171.3 SqKm
GENERAL LOCATION OF
DETERMINATION AREA
MOA ISLAND,TORRES STRAIT
NTRB REGION
NTRB HYPERLINK
TORRES STRAIT REGIONAL AUTHORITY
VARIOUS ISLANDS IN THE TORRES STRAIT
AGREEMENTS
AGREEMENT NAME
ATNS HYPERLINK
Moa Island Torres
Strait Social Housing
Indigenous Land Use
Agreement (ILUA)
TELSTRA AND MOA
ISLAND INDIGENOUS
LAND USE
AGREEMENT (ILUA)
Updated 12/02/2015
NNTT FILE NO.
NNTT HYPERLINK
QI2013/008
QI2001/005
TYPE OF
AGREEMENT
BODY CORPORATE
AGREEMENT
BODY CORPORATE
AGREEMENT
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SUBJECT MATTER
(NNTT)
SUBJECT MATTER
(ATNS)
ATNS HYPERLINK
COMMUNITY LIVING
AREA
Future Act | Housing,
Construction and
Infrastructure |
Native Title
INFRASTRUCTURE
Housing,
Construction and
Infrastructure |
Native Title | Future
Act | Land Use
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ADDITIONAL ELECTRONIC RESOURCES
Media releases
National Native Title Tribunal, Native title recognised over Torres Strait islands (13 April
2006) Available at: http://www.nntt.gov.au/News-and-Publications/latestnews/Pages/Native_title_recognised_over_Torres_Stra.aspx
National Native Title Tribunal, First native title agreements in Torres Strait (12 February
1999) Available at: http://www.nntt.gov.au/News-and-Publications/latestnews/Pages/First_native_title_agreements_in_Torres_Strait.aspx
Chrisros Mantziaris, Problems with Prescribed Bodies Corporate: Mualgal People v
Queensland [1999] Indigenous Law Bulletin 61
Case Summary
Updated 12/02/2015
Native Title Newsletter (PDF 40KB), CLAIMS Queensland: Mualgal People [NNTT
Ref#QC96/20], and Saibai Island Community [NNTT Ref#QC95/13] Number 2/1999
(February 1999)
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