A range of agreements involving land use and access to land can be made under the Native Title Act 1993 (NTA) (Cwlth) for example agreements under the NTA right to negotiate or indigenous land use agreements.
Agreements under the Right to Negotiate
The majority of land use agreements in Western Australia are made under the right to negotiate (the RTN). Where the RTN applies, registered native title applicants can negotiate over proposed future acts, such as the granting of a mining lease or the compulsory acquisition of native title rights and interest.
Agreements reached under the RTN usually include access and heritage protection as well as compensation for the loss or impairment of the native title rights and interests. An RTN agreement is contractually binding for all parties involved in the negotiation.
The Burrup and Maitland Estate Agreement (the Burrup Agreement) is made under the right to negotiate provisions.
Learn more about the Burrup Agreement.
Indigenous Land Use Agreements
An Indigenous Land Use Agreement (ILUA) is a voluntary agreement between Aboriginal groups and others about the use and management of land and waters.
An ILUA is much more flexible than an RTN agreement and may include a broader range of interests.
- An ILUA can address past and intermediate acts as well as future acts. It may also replace the future act process entirely.
- An ILUA may address issues of access, compensation, extinguishment and coexistence.
- An ILUA may be made separately from the formal native title process, form a part of that process or pave the way for a native title determination.
- An ILUA does not extinguish native title but may, by agreement, allow for the surrender of native title
In WA over fifty ILUA's have been registered, a selection of significant ILUA's have been included on this website accessible via the left-hand menu.
Read the Guide to the Government Indigenous Land Use Agreement and Standard Heritage Agreements - July 2012 - Version 1.2 (Kb 128 Kb)
Register of Indigenous Land Use Agreements
Search the National Native Title Tribunal's Register of Indigenous Land Use Agreements.