Understanding What An ILUA Is

Firstly not everyone has a good understanding of what is involved in getting an ILUA registered with the National Native Title Tribunal  (NNTT).

The NNTT describe an ILUA as:

"An indigenous land use agreement (ILUA) is an agreement between a native title group and others about the use and management of land and waters. ILUAs were introduced as a result of amendments to the Native Title Act in 1998.

These agreements allow people to negotiate flexible, pragmatic agreements to suit their particular circumstances. 

An ILUA can be negotiated over areas where native title has, or has not yet, been determined. They can be part of a native title determination, or settled separately from a native title claim. An ILUA can be negotiated and registered whether there is a native title claim over the area or not.

ILUAs can form as a result of the following topics:

  • native title holders agreeing to a future development
  • how native title rights co-exist with the rights of other people
  • access to an area
  • extinguishment of native title
  • compensation

When registered with the Tribunal, ILUAs bind all parties and all native title holders to the terms of the agreement.

The Tribunal continually registers new agreements. The current number of registered ILUAs can be found on the indigenous land use agreement register search page.

 

Other documents the NNTT provide about ILUA are: