An ILUA is much more flexible than a Right to Negotiate (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. ILUAs can:
- address issues of access, compensation, extinguishment and coexistence
- be made separately from the formal Native Title process, form a part of that process, or pave the way for a Native Title determination
- not extinguish Native Title but may, by agreement, allow for the surrender of Native Title.
There are a number of ILUAs where the State Government is a party to the agreement usually for developments that are of major importance to the State.
There are a number of third-party mining ILUAs where the State Government is not a party. As the granting authority, however, the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has concerns that procedures agreed to in such ILUAs may not provide the certainty required for valid grants of tenure. Accordingly, the State has prepared guidelines for parties entering into such agreements, which can be found under the Heritage Agreement page.
Please refer to the Guide for Third Party Indigenous Land Use Agreements.
