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Indigenous Land Use Agreements (ILUAs)

An ILUA is a negotiated agreement between native title groups and other parties (such as governments, pastoralists and mining companies) about the use and management of land and waters. 

ILUAs may cover many different things such as the conditions upon which activities effecting native title maybe carried out, arrangements for cultural heritage inspections and the avoidance of damage to cultural heritage, compensation to native title holders for the loss of native title rights, the way in which the exercise of native title rights may be carried out, protocols for future negotiations concerning Future Acts and many other things.

When the National Native Title Tribunal registers an ILUA it becomes binding for all of the native titleholders for the group concerned.

In the course of advancing a native title claim, it is often necessary to negotiate various ILUAs with respondent parties and the NQLC provides assistance to develop the ILUA and to settle the legal wording of the same.

It is possible that ILUAs can be developed in relation to land that is not under claim but this is unusual.

All ILUAs require an authorisation meeting (community meeting) to approve of and authorise the signing of the ILUA by the Applicants on behalf of the claim group.  NQLC facilitates and arranges these types of meetings for the ILUAs it has been involved in developing.

Where the ILUA concerns mining or a development by a commercial entity, NQLC may require the proponent to pay all or part of the costs of such a meeting.