What is an ILUA?
An ILUA is a voluntary agreement between native title parties and other people or bodies about the use and management of areas of land and/or waters.
An ILUA can be made over areas where:
- native title has been determined to exist in at least part of the area
- a native title claim has been made
- no native title claim has been made.
While registered, ILUAs bind all native title holders to the terms of the agreement. ILUAs also operate as a contract between the parties.
Download the ILUA factsheet (PDF, 737 KB)
Types of ILUAs
There are three types of ILUAs:
-
area agreements can be made where there is no registered native title body corporate (RNTBC) for the entire agreement area
-
body corporate agreements can be made where there is one or more RNTBCs for the entire agreement area, other than for any part of the area where it has been determined that native title does not exist
-
alternative procedure agreements can be made where there is at least one representative body for the area or at least one RNTBC in the area, but not where there are RNTBCs in relation to all of the area.
What can an ILUA be about?
An ILUA can be about any native title matter agreed by the parties, including settlement or exercise of native title rights and interests, surrender of native title to governments, land management, future development, mining, cultural heritage, coexistence of native title rights with other rights, access to an area, and compensation for loss or impairment of native title.
All types of ILUAs can be made about the following matters:
- allowing future acts to be done
- validating future acts that have already been done
- changing the effect of intermediate period acts
- dealing with a native title or compensation application
- relationship between native title rights and other rights and interests
- way in which native title and other rights and interests will be exercised
- compensation
- provision of a framework for making other agreements about matters relating to native title
- other matters concerning native title.
Extinguishment of native title by surrender to government can only be made through area agreements and body corporate agreements. Matters relating to rights of access to non-exclusive agricultural and pastoral leases under Subdivision Q of the Native Title Act can only be made through area agreements and alternative procedure agreements.
Parties to ILUAs
The persons or bodies that must or may be party to an ILUA, depends on the type of ILUA being made:
|
Area Agreement |
Body Corporate Agreement |
Alternative Procedure Agreement |
|---|
|
If there is a registered native title claimant over the area | Persons nominated/determined or a majority of persons comprising the registered native title claimant/s must be a party | not applicable | may be a party |
|
If there is a RNTBC over the area | must be a party | must be a party | must be a party |
|
For unclaimed or undetermined areas such that there are no registered native title claimants or RNTBCs | one or more must be a party:
- persons claiming to hold native title
- representative body
| not applicable | may be a party |
|
Commonwealth, state or territory governments | must be a party if the agreement:
- extinguishes native title by surrender
- validates future acts which have already been done invalidly
- allows for a change in the amount of extinguishment of native title caused by the validation of an intermediate period act
otherwise, they may be a party | must be a party if the agreement:
- extinguishes native title by surrender
- validates future acts which have already been done invalidly
- allows for a change in the amount of extinguishment of native title caused by the validation of an intermediate period act
otherwise, they may be a party | must be a party |
|
Representative bodies | must be a party if there is no:
- registered native title claimant
- RNTBC
- persons claiming to hold native title
otherwise, they may be a party | may be a party | must be a party |
|
Anyone liable to pay compensation | must be a party if the agreement provides for validation of a future act or for a change in the amount of extinguishment of native title caused by the validation of an intermediate period act | must be a party if the agreement provides for validation of a future
act or for a change in the amount of extinguishment of native title caused by the validation of an intermediate period act | must be a party if the agreement provides for validation of a future act |
|
Others such as local governments, miners, pastoralists | may be a party | may be a party | may be a party |
Information on particular ILUAs or copies of agreements
The Register extract for the ILUA provides the contact details for the parties to the ILUA. If you have a question about a particular ILUA or would like a copy of the ILUA, you may wish to contact any of those parties in the first instance.
You can access a copy of the Register extract for an ILUA by searching the
Register of ILUAs.
The Native Title Registrar has developed a
Request Form for Access to ILUAs
(PDF, 4MB) to assist persons and authorised legal representatives seeking access to ILUAs. The NNTT will only consider providing access to ILUAs upon receipt of a Request Form and where it is satisfied that it may provide lawful access. Please refer to the Request Form for further information.
