Timeframes for registration
The timeframe for the registration of an ILUA will depend on the type of agreement.
Area Agreements, where no objections or material adverse to the registration of the agreement are received by the Registrar, are usually considered for registration within five to six months from the lodgement date. This includes the three-month public notification period required under the Act.
For more information see Indigenous land use agreement (Area agreement) – Indicative timeframe: lodgment to registration.
Registration decisions on Body Corporate Agreements, where no material adverse to registration is received, are made within approximately two to three months of the lodgment date.
For an Alternative Procedure Agreement, where no objections to the registration of the agreement are received, it is anticipated that a registration decision will be made less than six months from the lodgement date.
Where objections or material adverse to the registration of an agreement is received, the timeframe for a registration decision may be longer than those outlined above.
The conditions of registration
An agreement will only be registered and placed on the Register of Indigenous Land Use Agreements, where it meets all of the conditions of registration. The conditions of registration differ depending on the type of agreement.
Fact Sheet 12: The conditions for registration of Area Agreements
sets out what the Registrar must be satisfied of, when making a decision whether to register a certified or a non-certified Area Agreement. It also includes an explanation of what the Registrar must consider when making a decision about the registration of an ILUA.
Body Corporate Agreement
There are two conditions of registration. These outline that the Registrar must register the agreement unless:
- any of the parties to the agreement advise the Registrar, within one month of the notification of the agreement beginning, they do not want the agreement to be registered;
- a native title representative body for the area advises the Registrar, within one month of notification of the agreement beginning, that certain requirements (involving the prescribed body corporate notifying the representative body of its intention to enter the agreement) were not met, and, the Registrar is satisfied that those requirements were not met.
Alternative Procedure Agreement
The conditions of registration are set out in the Act and include that:
- no objection against registration was made within the notice period;
- one or more objections was made within the notice period, but all of them have been withdrawn
- one or more objections was made within the notice period, all of them were not withdrawn, but none of the objectors have satisfied the Tribunal or a recognised State/Territory body, that it would not be ‘fair and reasonable to register the agreement’.
In considering the circumstances described in condition 3 above, there are specific matters to which the Registrar must have regard.
Bars to registration
There are a number of reasons an ILUA may not be registered.
One reason is because the requirements of an ILUA are not met. These include requirements such as who must be a party to the ILUA and what the ILUA is about. The requirements differ depending on the type of agreement.
Another reason why an ILUA may not be registered is because a person has objected to the registration of the ILUA or provided information or other material unfavourable to the registration of the ILUA.