Explanation of Indigenous Land Use Agreements (ILUAs)
The Commonwealth Native Title Act 1993 (NTA) provides for Indigenous Land Use Agreements (ILUAs) to be made 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.
For example, ILUAs can provide for the grant and renewal of mining, petroleum and exploration tenements and the grant of fossicking licences, that are future acts under the NTA. ILUAs can also allow the grant and renewal of conjunctive future acts, for example, upgrading an exploration permit to a mineral development licence or an authority to prospect to a petroleum lease. The relevant provisions of the NTA are at Part 2, Division 3, Subdivision C.
ILUAs are strongly supported by the Queensland Government which is committed to resolving native title issues through negotiation rather than through costly and time-consuming litigation.
Once an ILUA is authorised by the native title parties, then signed by all parties, it is lodged with the National Native Title Tribunal (NNTT) for registration. The registration may take up to 6 months which includes a 3 month notification period. After the ILUA is registered the authorised future acts may then proceed.
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 provision gives everyone the certainty and security they need.
The NNTT maintains the Register of Indigenous Land Use Agreements.
Last updated: 20 March 2009