Question 1

What is an Indigenous Land Use Agreement (ILUA)?

Accepted Answer

An Indigenous Land Use Agreement is a voluntary agreement between a native title group and other parties about the use and management of land and waters. ILUAs are registered with the National Native Title Tribunal and, once registered, bind all persons holding native title in the area covered by the agreement. They are commonly used in Western Australia to facilitate mining, infrastructure, and development projects by providing certainty about native title rights and setting out the terms on which the project can proceed, including benefits to the native title parties.

Question 2

What are the Aboriginal heritage obligations for mining companies?

Accepted Answer

Mining companies in Western Australia must comply with the Aboriginal Cultural Heritage Act 2021 (WA), which requires proponents to undertake due diligence assessments to identify Aboriginal cultural heritage that may be affected by their activities. Depending on the level of impact, a management plan or Aboriginal Cultural Heritage Permit may be required. It is a criminal offence to harm Aboriginal cultural heritage without authorisation. Companies should engage early with traditional owners and conduct thorough heritage surveys before commencing any ground-disturbing activities.

Question 3

How does the right to negotiate process work?

Accepted Answer

The right to negotiate is a process under the Native Title Act 1993 that applies when the government proposes to grant certain types of mining tenements over land where native title exists or may exist. The process requires the government, the tenement applicant, and the registered native title parties to negotiate in good faith about the terms on which the tenement may be granted. If agreement cannot be reached within six months, any party may apply to the National Native Title Tribunal for a determination.

Native Title & Resources

Industries & Sectors

Peter van der Zanden

Phillip Dobson

Michael Mistilis

Facing a native title & resources matter?