How to apply for registration of an ILUA
An application for registration of an agreement on the Register of ILUAs must be made in writing to the Native Title Registrar. The Native Title Act, Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth) and Native Title (Prescribed Body Corporate) Regulations 1999 (Cth) set out the information that must accompany the application.
Applications to register any type of agreement must be accompanied by a copy of the agreement and the following information:
| |
Area Agreement |
Body Corporate Agreement |
Alternative Procedure Agreement |
| Parties |
✔ |
✔ |
✔ |
| Map and description of the agreement area |
✔ |
✔ |
✔ |
| Map and description of the surrender area, if any |
✔ |
✔ |
|
| Signed statement from the parties that the application can be made |
✔ |
✔ |
✔ |
| Location of particular statements in the agreement |
✔ |
✔ |
✔ |
| Certification/authorisation statement |
✔ |
|
|
| Determination of native title |
For any RNTBC party |
✔ |
For any RNTBC party |
| Certificate under PBC Regulation 9 |
If there is a RNTBC party |
✔ |
If there is no representative body for the area |
| Extract from Register of Native Title Claims |
If there is a RNTBC party |
|
|
Application forms which set out the relevant requirements are available for area agreements and body corporate agreements:
Area agreements
Body corporate agreements
You should email iluas@nntt.gov.au to lodge your application and accompanying documents, or to request assistance or information about an ILUA.
Notification of an ILUA
When an ILUA is lodged for registration and there are no issues of non-compliance, the Registrar notifies certain people and organisations by mail and, for area agreements and alternative procedure agreements, notifies the general public through newspaper advertisements of the agreement.
Body corporate agreements must be notified for a period of one month, while area agreements and alternative procedure agreements must be notified for three months.
Visit the Public notices page to see which ILUAs are currently in notification.
Opposing registration
The grounds for opposing registration, and the people who can oppose, are limited and specific to each type of ILUA.
Area Agreements
Where the application has been certified by the representative body, a person claiming to hold native title in the area may make an objection in writing to the Registrar, within the three month notification period, against registration of the agreement on the basis that the following were not satisfied:
- all reasonable efforts have been made to ensure that all persons who hold or may hold native title in the agreement area have been identified
- all the persons so identified have authorised the making of the agreement
- any conditions on the authority that relate to the making of the agreement have been satisfied.
Where the application has not been certified, a person claiming to hold native title in the agreement area can lodge a claimant application over the agreement area in response to the notice. If the claimant application is accepted for registration in the relevant time period, the agreement cannot be registered until the registered native title claimant (persons nominated/determined or a majority) become a party to the ILUA. Before deciding whether or not to register an agreement as an ILUA, the Registrar may also consider information that is provided in relation to whether:
- all reasonable efforts were made (including consulting all representative bodies for the area) to ensure that all persons who holds or may hold native title in the agreement area have been identified
- all the persons so identified have authorised the making of the agreement
- any conditions on the authority that relate to the making of the agreement have been satisfied.
The Registrar will consider any valid objections for certified applications or any relevant information provided for uncertified applications, and undertake any required procedural fairness or information exchange process before making a decision about registration of the agreement.
Body Corporate Agreements
A body corporate agreement cannot be registered if, within the 1 month notification period:
- a party to the agreement advises the Registrar that the party does not wish the agreement to be registered
- a representative body for any of the area advises the Registrar that no representative body for the area was informed of the native title party's intention to enter into the agreement.
Alternative Procedure Agreements
A person claiming to hold native title in the agreement area may make an objection to the Registrar against registration of the agreement on the ground that it would not be fair and reasonable to register the agreement.
Review of Registration Decisions
Any person aggrieved by a decision made in relation to the registration of an ILUA, may apply to the Federal Court for a review of that decision.
An aggrieved person may request a written statement of reasons for that decision, within 28 days after receiving written notice of the decision, in order to decide whether or not to seek review.
You should consider seeking legal advice if you decide you want to appeal the decision.
Download the ILUA factsheet (PDF, 727 KB)