ILUA are contracts entered into under the Aboriginal Title Act 1993 (Cth) by Aboriginal title groups and other parties in relation to an area of land or water where Aboriginal title has been determined or Aboriginal title is claimed. ILUA are legally binding when registered with the National Native Title Tribunal (NNTT) and can cover topics such as: Indigenous land use agreements are very flexible and can cover a wide range of considerations. While there are no restrictions, agreements may include the following: Under the Aboriginal Title Act, exploration or mining activity invokes the “right to negotiate”, which gives Aboriginal parties the opportunity to negotiate agreements with proponents. Those agreements shall lay down the conditions for the implementation of the relevant future act, including, in certain cases, the provision of employment and training, the protection of environmental or cultural heritage, or compensation and payments. If the parties are unable to reach an agreement, a party may apply to the Aboriginal Title Tribunal for a decision. The above list are examples and not a limitation of what can be negotiated. Ultimately, if the terms do not violate applicable law, the ILUA may be completely unique depending on the parties to the negotiations, the activities envisaged, and the unique land/water that is the subject of the agreement. The New South Wales Government may negotiate an ILUA with holders of local title to the management of public lands in their claim territory. This can affect the entire Aboriginal title claim, and different land tenure regimes may be administered by one or more government agencies. For an ILUA to take effect, it must be registered by the National Native Title Tribunal (NNTT) and registered in the Register of Indigenous Land Use Agreements at the time of implementation of the Act. In 2014, Argyle`s historic equity agreement between Rio Tinto and the mine`s traditional owners, Gija and Mirriuwung, was celebrated for the tenth time. When the Participation Agreement was signed a decade ago, it set a new benchmark in Australia for land use agreements between extractive companies and traditional owners: it not only created revenue streams for future generations of local Indigenous people, but also significant opportunities for training, employment and business development and a voice for Indigenous people in mining decisions affecting their interest.
Thus, in negotiating the agreement, Argyle moved on to a commitment that is probably unique in the history of the mining industry: Argyle would not pursue his plans for an underground mine without the consent of the traditional owners, although this is not required by law. . The ILUA process and the Act are designed to strike a balance between validating future actions to ensure the safety of the wider Australian community, while ensuring that those who own or claim to possess Indigenous property rights to the lands and waters affected by such future actions agree to be undertaken. and if they do so in order to derive appropriate benefit from such an agreement. Through this process, those who own or claim Indigenous rights to these lands and waters should be able to share the benefits arising from the future use of their Indigenous property rights and interests in these lands and waters. This guide covers the different types of agreements that may be relevant to your application. You can call them a “mandatory company” or a “registered national company” depending on their registration status. Essentially, it is any Indigenous nation or clan group that has claimed Indigenous title that may or may not yet be determined by the NNTT.
The Aboriginal title group may negotiate and enter into an ILUA with other land and water entities to which there is a claim of Aboriginal title. The Centre for Social Responsibility in the Mining Sector has produced a guide to entering into agreements with Indigenous groups that includes useful case studies of successful mining and resource development projects on Indigenous lands. Alternatively, the Aboriginal Title Act allows Aboriginal title groups and other interested parties to voluntarily enter into agreements known as Aboriginal Land Use Agreements (ILAs). ILUA can take both future actions (e.g., exploration or mining activities) as well as non-future actions (p.B. use and access agreements that regulate co-existing rights). Upon registration, ILUA shall be binding on all parties and holders of national securities under the terms of the Agreement. The agreement, known as the Western Cape Communities Coexistence Agreement, refers to one of the world`s largest bauxite mines, now operated by Rio Tinto. It is also known as the Comalco Indigenous Land Use Agreement (ILUA).
Signatories include 11 Queensland traditional property groups, four Aboriginal community councils (Aurukun, Napranum, Mapoon and New Mapoon), Comalco Aluminium Limited and Cape York Land Council on behalf of the local title parties. The Queensland Government is also a signatory and has agreed to provide additional financial benefits when registering the agreement. The ILUA covers two mining concessions, but includes the approval of “extensions, renewals or replacements” needed to access and transport materials between areas. The parties also agree that Queensland Ports Corporation grants the necessary land and rights to the Operator to pursue its interests in the Contract Area, including the shipment of goods to and from Weipa. The ILUA states that this consent is not intended “to prevent the application of laws protecting indigenous cultural heritage or the protection of the environment”. Aboriginal land use agreements are established by the Aboriginal Title Act, 1993. Local or Indigenous title holders can negotiate and establish a joint management partnership for a park with the Government of New South Wales through an Indigenous Land Use Agreement (ILUA). An Indigenous Land Use Agreement is a voluntary agreement between a group of Indigenous titleholders and other parties on the use and management of land and water. We strongly support agreements because they allow the parties to resolve Aboriginal title requirements through negotiation rather than costly and lengthy litigation. Indigenous title is the recognition in Australian law that certain indigenous peoples continue to have community, collective or individual rights and interests in their lands and waters. These collective rights and interests derive from traditional laws and customs. Written by Tim Wishart, Senior Legal Officer Queensland South Native Title Services Ltd.
The Aboriginal Title Act, 1993 allows applicants to mining or exploration authorities and registered parties and certain parties to Aboriginal title to enter into Aboriginal land use agreements on how the lands and waters in the contract area will be used and managed in the future. According to the NNTT; the Registrar or his/her deputy will only verify whether the application for registration is accompanied by a document certifying the compulsory subjects and signed in accordance with the regulations. A certificate that complies with Rule Nine is considered proof of consultation and consent between holders of national common law titles. The types of ILUA specified in the Aboriginal Title Act are as follows: The elements that may be included in an ILUA are specified in the Aboriginal Title Act. It provides that any type of ILUA may relate to one or more of the following: Sections 8 and 9 of the PBC Regulations apply and require that holders of an Aboriginal common law title be consulted and approved by the proposed legislation. “ILUA” stands for Indigenous Land Use Agreement. An ILUA is a special type of agreement created by the Native Title Act 1993 (Cth) (NTA). In 1998, amendments were made to the Aboriginal Title Act (Cth) of 1993, which repealed section 21 and paved the way for broader rights to Aboriginal title claims and provided for the current process of negotiating, signing and enforcing Aboriginal land use agreements. Although they have been in use since 1998, there is still a lot of confusion about what Indigenous Land Use Agreements (IDLAs) are, how they can be used, and how they can affect you. According to paragraph 4 of Regulation 9, the certificate must be signed by at least (five) 5 members of the prescribed body, each of whom is a common law holder whose rights and interests in Aboriginal title would be affected by the proposed Aboriginal title decision. An Aboriginal title group is either a group of registered Aboriginal titles or a group of applicants. While ILUA provide some flexibility to parties, including the Indigenous title portion, it should be noted that membership in an ILUA is a voluntary process.
Registration of ILUA is a task of the NNTT Registrar. The NNTT website contains useful resources and information. An application for registration of an ILUA must be made in writing to the NNTT Registrar of Indigenous Titles. .