The ILUA process
This diagram sets out the ILUA process starting with identifying the need for an agreement, through to preparing and lodging it, and its registration.
Negotiating an ILUA
Before starting ILUA negotiations, parties should consider:
- if all persons who must be a party to the agreement have been identified;
- what the requirements are for registration of an ILUA;
- whether parties’ expectations of what can be achieved through the agreement are realistic;
- a realistic timeframe for negotiation of the agreement.
The NNTT can assist parties in negotiating an ILUA. The Registrar can assist with providing details from the Registers and information from databases, which may assist parties when preparing to negotiate agreements.
For more information see What we can assist with.
Certification and authorisation of Area Agreements
All Area Agreements must be authorised. An Area Agreement may also be certified by all representative Aboriginal/Torres Strait Islander bodies for the area.
Certification and authorisation are important steps in the making of an Area Agreement. For more information to assist in understanding the certification and authorisation requirements see:
Consultation and consent by the common law holders
For some Area Agreements and all Body Corporate agreements, a Registered Native Title Body Corporate (RNTBC) must be a party to the agreement. Regulations require the RNTBC to consult with common law holders for the area of the agreement and obtain their consent to the proposed agreement.