Attorney- General
THE HON Daryl Williams AM QC MP
22 June 1999
583
I am pleased to announce the registration of the nation's first Indigenous Land Use Agreement (ILUA) under new federal native title laws.
The agreement between Adelong Consolidated Gold Mines NL, the NSW Aboriginal Land Council and representatives of the Walgalu and Wiradjuri people in the Tumut and Adelong area of NSW is the first to be placed by the National Native Title Tribunal on the new Register of Indigenous Land Use Agreements.
The registered ILUA gives Adelong Consolidated Gold Mines NL the go ahead to mine in the area for at least 20 years without going the through the right to negotiate.
For local Aboriginal groups, the agreement provides shares in the company, employment opportunities, cultural heritage protection and environmental monitoring.
The recent amendments to the Native Title Act provided new tools for developers seeking to strike legally binding agreements.
This voluntary agreement exemplifies the improvements introduced by the amendments to the Native Title Act in 1998 and shows how all of the parties to the agreement can take advantage of the new provisions.
It illustrates how native title issues can be resolved in a way which provides certainty to business and addresses the cultural concerns and aspirations of indigenous people.
The decision to register the ILUA was made by the National Native Title Tribunal Registrar on 21 June after a three month public notification period had closed without an objection being lodged.
Provisions in the amended Native Title Act strengthen agreements about land use between indigenous people and others through a process of registration with the National Native Title Tribunal.
Once registered, an Indigenous Land Use Agreement becomes binding on all native title holders in the area, whether they are signatories to the agreement or not.
The new flexible arrangements allow developments to proceed by negotiation on terms agreed between the parties as an alternative to the procedures set out in the Native Title Act.
ILUAs can be negotiated in the mining, pastoral, fishing, forestry, tourism and other resource industries.
Another four Indigenous Land Use Agreements have been lodged for registration with the Tribunal.
Three are currently in the public notification phase. |