ILUAIndigenous Land Use Agreement (Australia)
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While most of the Queensland ILUAs are associated with a native title consent determination, ILUAs are also negotiated as successful stand-alone agreements and thus offer an effective way for native title parties, industry and government to reach agreement on proposed future acts connected to mining, development, housing, as well as other matters related to native title rights and interests and land and waters.
The ILUAs each involve the Jangga People native title holders and pastoralist lessees of the Mt Coolon region, which is west of Mackay, agreeing on practical and flexible arrangements for access and use by the Jangga People in the exercise of their native title rights and interests.
Many of these new Queensland ILUAs cover extensive areas.
These ILUAs provide an excellent example of how people with different interests in land can work together in a positive manner to reach enduring agreements, she said.
The National Native Title Tribunal provides assistance to parties negotiating ILUAs, including facilitating negotiations and providing geospatial assistance and preliminary comments on draft applications for registration of agreements.
The new ILUA that is being negotiated between the Karajarri traditional owners, the community and the state government is regarded as an important strategy that the Bidyadanga Community Council has instigated to address these pressing issues.
Appropriate accommodation is another issue still to be agreed upon, and is encompassed in the ILUA negotiations.
This aspect of the ILUA, too, has become an important issue of contention.
The management of such a large area of land, trying to understand and meet the administrative requirements of a Prescribed Body Corporate, and dealing with internal interests (such as support for outstations, management of land and sea country, and economic development) and external interests (such as the Bidyadanga ILUA, from mining companies and various government service providers) all present significant challenges and opportunities for the traditional owners.
Ideally, all Registered Native Title Body Corporates (RNTBC) should be funded prior to entering into an ILUA but the reverse is the case.
As an antecedent to the Bidyadanga ILUA the KTLA secured use of the Bidyadanga Telecentre conference room facility free of charge, as well as space in a building that requires renovation.
At the time of writing (January 2010) the ILUA is before the West Australian State Government lawyers.