Native Title Law
Indigenous Land Use Agreement (ILUA)
A voluntary agreement between a native title group and other parties about the use and management of land and waters. Once registered with the NNTT, it binds all native title holders in the area.
A voluntary agreement between a native title group and other parties about the use and management of land and waters. Once registered with the NNTT, it binds all native title holders in the area.
An Indigenous Land Use Agreement (ILUA) is a voluntary agreement made under the Native Title Act 1993 (Cth) between a native title group and other parties, such as governments, developers, mining companies or renewable energy proponents, about the use and management of land and waters. There are three types of ILUA: body corporate agreements (made with a registered PBC/RNTBC), area agreements (made where there is no registered PBC and requiring authorisation by all potential native title holders), and alternative procedure agreements. Once registered with the National Native Title Tribunal, an ILUA is legally binding on all native title holders in the area, including those who did not participate in its negotiation. ILUAs can cover a wide range of matters, including consent to activities, cultural heritage protection, compensation, access to Country and employment commitments. The authorisation process for an ILUA must comply strictly with the Act to be valid; a flawed authorisation can result in the ILUA being set aside.
Related terms
Native Title Law
National Native Title Tribunal (NNTT)
The independent body established under the Native Title Act 1993 to register applications and ILUAs, assist in future act negotiations and support parties in native title matters. Mediation of claims is conducted by a Judicial Registrar of the Federal Court.
Native Title Law
Native title
The recognition by Australian law of Aboriginal and Torres Strait Islander peoples' rights and interests in land and waters, held under traditional laws and customs. Recognised under the Native Title Act 1993 (Cth) where those rights have been maintained since before British sovereignty and have not been extinguished.
Native Title Law
Prescribed Body Corporate (PBC)
The legal entity (also called RNTBC) that holds or manages native title rights and interests on behalf of native title holders after a successful determination. Operates under the CATSI Act and is registered with ORIC.
What this means in practice
Native title law uses a specialist vocabulary. Understanding what a term means in its legal context helps Traditional Owner groups, PBCs and community members follow their matter, and ask better questions of their lawyer.
If the definition above raises a question specific to your claim, compensation matter or PBC, David Saylor is available to discuss it directly.