Indigenous Land Use Agreement

 

An Indigenous Land Use Agreement (ILUA) may be required for particular developments to take place. An ILUA is designed to give certainty to the parties negotiating the agreement. The relevant Land Council (Native Title Representative Body) would normally be actively involved in negotiating an ILUA.

An ILUA can be negotiated over areas where native title has, or has not yet, been determined to exist. They can be part of a native title determination, or settled separately from a native title claim.

Indigenous land use agreements can be formed on the following topics:

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


When registered with the National Native Title Tribunal, an ILUA binds all parties and all native title holders to the terms of the agreement.

 

 

 

 

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