Indigenous Land Use Agreement

We strongly support agreements because they allow the parties to resolve native title requirements through negotiations and not through costly and lengthy litigation. Alternatively, the Native Title Act allows national title groups and other interested parties to voluntarily enter into agreements known as Indigenous Land Use Agreements (ILAAs). ILUAs can cover both future actions (e.g. B exploration or mining activities) and future activities (e.g. B user and access agreements governing coexent rights). Upon registration, ILUA shall bind all parties and holders of national securities to the terms of the agreement. The above list is an example and does not limit what can be negotiated. Ultimately, if the conditions are not contrary to current legislation, the ILUA may be totally unique, depending on the parties to the negotiations, the activities envisaged and the single country/water that is the subject of the agreement. The Native Title Act 1993 allows applicants for mining or exploration authorities and parties to the title, registered and specific, to enter into indigenous land use agreements on how the lands and waters of the contract area will be used and managed in the future.

You may hear that they are called “regulated entities” or “registered national title bodies”, depending on their registration status. In essence, it is any nation or group of indigenous clans that has claimed indigenous title that may or may not yet be determined by the NNTT. The native securities group may trade and enter an ILUA with other entities that relate to the land and water on which the security is native. The National Native Title Tribunal has comprehensive information on indigenous land tenure agreements. We recommend that all parties get legal advice on the proposed contractual conditions. 2014 marks the tenth anniversary of Argyle`s pioneering participation agreement between Rio Tinto and the mine`s traditional owners, Gija and Mirriuwung. When the participation agreement was signed ten years ago, it set a new benchmark in Australia for land use agreements between commodity companies and traditional owners: it created not only income streams for future generations of local aborigines, but also important training opportunities, employment and business development and a voice for Aboriginal people in mining decisions that influence their interests. Thus, during the negotiations of the agreement, Argyle made a commitment that was arguably unique in the history of mining: Argyle would not pursue its underground mine projects without the agreement of the traditional owners, when the law did not require it. ILUAs are contracts entered into under the Native Title Act (Cth) 1993 by groups of national titles and other parties in respect of a terrestrial or aquatic area in which a national title has been defined or which claims a national title. ILUA is legally binding if registered with the National Native Title Tribunal (NNTT) and can cover topics such as: All applications can be filed with the National Native Title Tribunal, but applications require financial assistance to obtain a legal advisor…