Native title information for landholders
When you make a state land application, you may be required to address native title issues as a condition of offer. This page explains 2 ways in which native title can be addressed.
Trustees of trust land must address native title before taking actions—this includes granting trustee leases and permits.
Trustees of trust land are responsible for addressing native title prior to taking actions, including granting trustee leases and permits.
Indigenous land use agreements
Indigenous land use agreements provide landholders with an option for negotiating flexible, pragmatic arrangements with a native title group.
They can be negotiated whether or not native title has been determined, and can be part of a native title determination or settled separately.
Once an agreement is registered with the National Native Title Tribunal, all parties, including all potential native title holders, are bound to the terms of the agreement, providing certainty and security for all.
We strongly support these agreements as a way of resolving any native title issues.
The National Native Title Tribunal has more information on these agreements and their use.
Guide to negotiating an agreement
The Indigenous land use agreement: Guide for negotiation and registration (PDF, 1.1MB) is aimed at landholders who have had a land dealing approved by us that is subject to the resolution of native title issues.
The guide explains the types of agreements available and how to negotiate and register these agreements. It also provides 2 sample agreements to enable the conversion of a term lease to freehold land: one is for an area agreement and one is for a body corporate agreement.
The guide does not provide legal advice. As such, you should take care in relying too heavily on the sample agreements and you should obtain independent legal advice.
Non-claimant applications
Landholders may also be able to address native title by making a non-claimant application to the Federal Court. This process allows a person with a non-native title interest in land (such as a leaseholder) to seek a determination that native title doesn’t exist over particular land or waters.
If you decide to address native title through the non-claimant process under the NTA, action to grant a deed of grant or perpetual lease will only be initiated following receipt of a copy of a Federal Court determination that native title does not exist in relation to the non-claimant application area.
Note: You must ensure that the non-claimant application area covers the area of your application.
The National Native Title Tribunal has more information on non-claimant native title applications.