Making Agreements
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Indigenous Land Use Agreements (ILUAs) are voluntary agreements made between native title claimants or holders and other parties under the Native Title Act 1993.
An agreement can address many issues, including future development of land, access to land, and compensation.
The Department of Aboriginal Affairs is well positioned between Government and Aboriginal communities to coordinate the development of Indigenous land use agreements (ILUAs) in NSW.
Case Study: Wellington Common
On 27 January 1994, Australia's first native title application was lodged over the Wellington Common, approximately 50kms west of Dubbo, in central-western NSW.
The claim was lodged by a group of people representing the Wellington Wiradjuri, who have a long traditional and historical connection to the Common.
In January 1999, the Minister for Aboriginal Affairs, the Hon. Andrew Refshauge MP, appointed a mediator to assist those with an interest in the Common to reach an agreement about the future use of the land.
The parties to the mediation included the native title claimants, the Wellington Council, the Wellington Local Aboriginal Land Council and others with an interest in the Common. The mediation was successfully concluded in January 2000, with the parties settling all land title and management issues between them.
The mediation outcomes were incorporated into an Indigenous Land Use Agreement, which was drafted by the Crown Solicitor's Office, under instruction from the Department of Aboriginal Affairs.
The agreement was signed by all the parties in November 2001 and lodged with the National Native Title Tribunal for registration. Once registered, the Minister for Aboriginal Affairs will be in a position to acquire and transfer the Wellington Common to an Aboriginal corporation, established for the benefit of the Wellington Wiradjuri.
If you want more information about native title or about how to negotiate an Indigenous Land Use Agreement, you can contact:
The Department of Aboriginal Affairs on (02) 9219 0700
The National Native Title Tribunal on 1800 640 501
NSW Native Title Services Inc on (02) 9310 3188
