The NNTT can assist in various ways at any point before, during or after the negotiation of an ILUA.
The Tribunal Members and some experienced staff can:
- assist in negotiating an ILUA;
- assist in negotiating the withdrawal of the objection, where an objection to registration of an ILUA has been made.
The Registrar can assist parties prepare their application and accompanying material for registration. This assistance can include:
- providing information about registration requirements;
- conducting register searches to identify potential native title holders in the agreement area;
- providing comment on draft agreements and draft applications for registration.
People wishing to make an ILUA may request assistance in negotiating the agreement. Assistance is provided by a Member of the Tribunal, and experienced staff.
Preparing an application
To assist parties preparing an application for registration of an ILUA, the Native Title Registrar has produced several resources. These provide information about how to apply, what needs to be contained within an application, and forms for parties to use in making an application.
The Native Title Registrar and delegated staff members can provide comment on draft agreements and applications for registration to help the parties meet the legal requirements for ILUA registration. This type of assistance is likely to prevent delays once the application for registration is made.
Assistance is best sought before the agreement is signed by the parties. It allows for changes to be made to the agreement and accompanying documents (such as maps and area descriptions), before the application is lodged with the Native Title Registrar.
Dealing with an objection
If an application for registration of an Area Agreement has been certified by the relevant native title representative body, any person who claims to hold native title in the agreement area, can make an objection to registration of the agreement. For more information, see Opposing registration of an ILUA.
If the parties cannot resolve the matter, they can ask for assistance in negotiating with the person making the objection, to resolve the matter and have the objection withdrawn.
Making a request for assistance
Any party involved in negotiating or making an application for registration of an ILUA can make a request for assistance from the NNTT. When requesting assistance, you should:
Email or post your request for assistance to the NNTT.
- make the request in writing (by email is acceptable);
- include the name and address of the person seeking assistance;
- specify the type of assistance required;
- include reasons why you have made the request;
- include information about any other attempts you have made to get help from other organisations, and the names of those organisations.
For more information on the types of assistance offered by the Tribunal and Registrar, see Assistance Guidelines.