Indigenous land use agreements
An Indigenous Land Use Agreement (ILUA or agreement) is a voluntary agreement between Aboriginal peoples and Torres Strait Islander peoples who hold or may hold native title, and other agencies, groups or people. It sets out how land and waters can be used where native title exists or may exist.
Native title is a mainstream legal recognition that Aboriginal peoples and Torres Strait Islander peoples have:
- connection with the traditional lands and waters of their Country
- lore and cultural responsibilities for their Country.
When to use an agreement
The Native Title Act 1993 (Cwth) provides rules about what can be done on Country where native title exists or may exist.
In some cases, an agreement is required before other agencies, groups or people are allowed to:
- go onto Country
- carry out activities on Country.
An agreement can be about any native title matter, including:
- making sure native title rights and interests are respected and exercised
- the surrender of native title, if that’s what the native title holders want
- managing the land
- getting consent for the land to be used or developed in the future
- organising mining rights
- Protecting and preserving cultural heritage sights and maintain culturally significant areas
- accessing an area
- granting tenure under the Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, or Land Act 1994.
How it works
The native title holders and the other party will negotiate the details of the agreement.
The negotiation of an agreement is a voluntary process. Native title holders don’t have to enter into an agreement.
The negotiation process will include discussion on what compensation will be provided to the native title holders as part of the agreement.
Once an agreement has been negotiated and signed by all the parties, it’s forwarded to the National Native Title Tribunal (NNTT) for registration. When an agreement is registered with the NNTT, it operates as a legal contract, and all parties must follow the terms of the agreement.
Agreements for native title claims
An agreement can be negotiated before, after, or as part of a native title claim process.
As part of a native title claim process, an agreement may be required by either:
- the state
- the native title party
- other parties separate to the state
The state is represented by officers from the Native Title and Indigenous Land Services (NTILS) team. They’ll negotiate with the native title party to resolve the issues raised during the native title claim process.
NTILS will work with the native title party to:
- understand and support their aspirations through the agreement process
- make sure that outcomes of the agreement are carried out.
More information
- Refer to the National Native Title Tribunal (NNTT) website
- Contact your Native Title Representative Body:
- See information about agreements for landholders