Indigenous land use agreements
The Commonwealth Native Title Act 1993 provides for Indigenous land use agreements (ILUAs) between native title holders or claimants and other interested parties about how land and waters in the area covered by the agreement will be used and managed in the future.
The Queensland Government, which is committed to resolving native title issues through negotiation rather than through costly and time consuming litigation, strongly supports these agreements.
ILUAs can also be an alternative to other processes under the Native Title Act 1993 (Cwlth).
Guidelines for negotiation of an Indigenous land use agreement
Guidelines for negotiation of an ILUA (area agreement) (PDF, 536K)* have been prepared by the Department. These will assist clients who have had a land dealing approved by the Department subject to the resolution of native title issues. They may also assist those who have been advised that an ILUA is the best way to proceed with their dealing.
The booklet explains:
- the different types of agreements
- the steps to negotiating an ILUA
- the process of registering an ILUA.
It also includes a Sample ILUA that is in a format that the State believes fulfils the legislative requirements of the Commonwealth Native Title Act 1993 and Native Title (Indigenous Land Use Agreements) Regulations 1999.
The booklet does not provide legal advice and encourages clients to seek independent legal advice. It also explains that the National Native Title Tribunal can help at all stages of the ILUA process by providing certain information and that the Native Title Representative Bodies are important parties in the process.
It is hoped that this booklet can add to the community’s understanding about native title and the appropriate processes for taking account of this interest in land.
Register of ILUAs
The National Native Title Tribunal (NNTT) maintains the Register of Indigenous Land Use Agreements.
Importantly, once an ILUA is registered with the NNTT it has the same status as a legal contract, binding all native title parties to the terms of the agreement—including those who may not have been identified at the time the agreement was made. This gives all relevant parties the certainty and security they need.
Right to negotiate agreements
Some dealings in land are subject to the right to negotiate process before they can proceed. Most often this process applies to the grant of mining tenements and to petroleum exploration and production tenures.
See also: Eastern Kuku Yalanji Agreements
* Requires Acrobat Reader
Last updated: 28 September 2009