Indigenous Land Use Agreement (Ilua)

24 septembre 2021 - 3 minutes read

A « future action » is an activity or proposal that may affect the interests of national securities. The Native Title Act provides protection for native titles in the future by defining the procedures that governments must follow before native titles can be affected. The procedures differ depending on the nature of the proposed development activity. The process does not veto any part of the national title, but ensures that the parties negotiate the future law in good faith. Procedures include the right to notice from traditional owners, the right of consultation, the right to negotiate and the issues to be taken into account in an agreement. ILUAs are contracts entered into under the Native Title Act (Cth) 1993 by groups of national titles and other parties in respect of a terrestrial or aquatic area in which a national title has been defined or which claims a national title. The ILUA is legally binding if registered with the National Native Title Tribunal (NNTT) and can cover topics such as: This guide discusses the different types of agreements that might be relevant to your application. Native Title is the recognition in Australian law that certain indigenous peoples retain local, collective or individual rights and interests in their lands and waters. These collective rights and interests derive from traditional laws and customs. Agreements for the occupation of indigenous lands are defined by the Native Title Act 1993. Local applicants for the title or holders of local titles may negotiate and establish a joint management partnership for a park with the ESN government through an Indigenous Land Use Agreement (ILUA). Any party to the ILUA may apply in writing to the Native Title Registrar (on the basis that all other parties agree) that the agreement be entered in the Register of Indigenous Land Use Agreements. The Native Title Act requires the Registrar to communicate the ILUA to all persons and entities mentioned in the Native Title Act and who are not parties to the agreement and to inform the public.

The Centre for Mining Social Responsibility has developed a guide on entering into agreements with indigenous groups, which contains useful case studies of successful mining and resource development projects on local cover lands. Under the Native Title Act, exploration or mining activities invoke the « right to negotiate » which provides local title parties with the opportunity to negotiate agreements with supporters. Those agreements shall lay down the conditions for the implementation of the future legislative act concerned, including, in certain cases, provisions relating to employment and training, the protection of environmental or cultural heritage or compensation and payments. . . .