Click the links below for the ILUA template and guide:

Pastoral ILUA guide (109.5 Kb)

Qld Pastoral Template ILUA (118.5 Kb)

What happens if I contact AgForce for assistance with a native title claim?

If you contact AgForce asking for native title assistance you will be asked for some information to find out more about your situation, including a copy of the letter you received from the National Native Title Tribunal (NNTT). An AgForce Native Title Officer will step you through the necessary paperwork and explain what will happen during the native title claim process.

This information will be filed and submitted to the Federal Court in preparation for when claims enter notification.

What is the process for determination?

A determination of native title is a decision by the Court whether or not native title exists in relation to a particular area of land or waters.

1. Filing: Once the application is filed the Court checks whether it is complete and correct. If it is, the application is sent to the NNTT.
   
   Registration: The Native Title Registrar will apply the registration test. Passing the registration test gives the native title claim group certain procedural rights, including the right to negotiate (e.g. over mining or mineral exploration).
   
   Applications that fail the registration test usually proceed to mediation and/or trial, but the applicants do not have the right to negotiate.
   
   If the Native Title Registrar does not accept the claim for registration, the applicant can:
   
   
   • ask the Court to review the Native Title Registrars decision or apply to the Tribunal for a reconsideration of the application.
   • an application for a reconsideration decision can only be made once and cannot be made where the applicant has already applied to the Federal Court for a review of the decision.
     
     
2. Notification: The Native Title Registrar will advise the public and any individual or body (including State or Territory governments) whose interests may be affected by a native title determination to apply to the Court to become a party to mediation. The period in which a person can apply to the Court is three months.
   
   
3. The Court will receive the applications to become a party and will decide whether or not the person is a party.
   
   
4. Then there is usually a directions hearing attended by the applicants and other parties (and their legal representatives). At the directions hearing, the Judge may finalise the party list and refer an application to mediation.
   
   
5. If mediation is successful, the agreement reached will be referred to the Court, which may make a determination of native title consistent with the agreement.
   
   
6. If the mediation is not successful, a report will be provided to the Court. The Court may direct that further mediation occur or may hear the case.
   

(From www.federalcourt.gov.au/)

What is an Indigenous Land Use Agreement?

An Indigenous Land Use Agreement (ILUA) is an access and use agreement, which is used in instances where pastoralists and other native title respondents agree that connection may exist. Pastoralists can use one to negotiate access to their property. 

An ILUA can be negotiated with any party who holds or may hold a native title in the area over which the agreement is to be made.

AgForce now has the Pastoral Template ILUA which is considered to suit most pastoralists, and where possible can assist pastoralists to negotiate an ILUA.

Want more information?
Contact AgForce Native Title officer Lauren Hewitt on (07) 3236 3100 or send Lauren an email.