The grounds for opposing registration, the people who can oppose, are limited and specific to each type of ILUA.
If an application to register an Area Agreement has been certified by the native title representative body, only people who claim to hold native title for the area, may oppose the registration.
The objection must: be made in writing; given to the Registrar within the three-month notification period and; set out why the application to register the agreement has not been properly certified. The objection must be about the following:
- were all reasonable efforts made to identify everyone who holds or may hold native title to the area?
- did all the people identified, authorise the making of the agreement?
For more information see:
The parties to the agreement can ask the NNTT to assist in negotiating with the person making the objection, to resolve the matter and have the objection withdrawn.
For information on how to make request such assistance, see Making a request for assistance.
For an explanation of how the Registrar considers objections, see:
When the application is not certified by a native title body, a person claiming to hold native title in the agreement area, can lodge a native title determination application over the agreement area, in response to the notice.
If the native title claim is accepted for registration in the relevant time period, the ILUA cannot be registered until the applicant(s) become a party to the ILUA.
Anybody can give the Registrar information in relation to whether:
- all reasonable efforts were made to identify everyone who holds or may hold native title to the area; and
- all the people who were identified, authorised the making of the agreement.
This information may be given at any time before a decision about registration has been made.
Body Corporate Agreements
The only grounds for opposing the registration of a Body Corporate Agreement are:
- a native title representative body informs the Registrar that no representative body for the area was informed of the native title party’s intention to enter into the agreement, or
- any party to the ILUA advises the Registrar that they do not want the agreement registered.
Alternative Procedure Agreements
The only valid grounds for opposing the registration of an Alternative Procedure ILUA, is that it would not be fair and reasonable to register the agreement.