Queensland Local Government Template Indigenous Land Use Agreement (ILUA)

The Queensland Local Government Template Indigenous Land Use Agreement (ILUA) was developed by the Gangulu, Iman People # 2 and the Port Curtis Coral Coast Native Title Groups, sixteen local governments, the Gurang Land Council (Aborignal Corporation) Native Title Representative Body, the Local Government Association of Queensland, MacDonnells Law and the National Native Title Tribunal.

Developed over 18 months, the template aims to provide an enduring framework for discussion of native title issues and negotiations, as well as creating a consistent approach to native title and Aboriginal cultural heritage matters. It aims to facilitate practical negotiations by integrating and simplifying the statutory processes in relation to native title and Aboriginal cultural heritage, while retaining the capacity for the agreement to be tailored according to each native title claim.

Purpose

The template arose from three identical Memoranda of Understanding (MoUs) signed with each claim group and the respective local governments on 19 October 2006 (Native Title Report 2007, 10). The MoUs provided for the negotiation and development of the template.

Facilitated by the National Native Title Tribunal, the negotiation process aimed to 'set the scene for positive engagement in the formal mediation process' (Native Title Report 2007, 11). It drew on the MoUs and involved regular mediation meetings in a variety of settings.

The resulting template is directed towards use at the early stages of mediation, and is based on the premise that each party to the ILUA will benefit irrespective of the outcome of the native title claim. Two versions of the template have been developed to provide for either single government party ILUAs or agreements where there are multiple government parties. See below for links to both versions.

Content

The template comprises five main parts, dealing with the resolution of native title claims, compliance with native title and Aboriginal cultural heritage requirements and 'other outcomes' such as an option for compulsory acquisition of native title by agreement for the freeholding of land.

Application

The combined area of the three native title claims represented by the native title claimants covers approximately 45,259 hectares (Native Title Report 2007, 7). As it is designed only to be used as the framework for negotiations, the template cannot be registered and is not legally binding in its current form. For further information on ILUAs, see the link below.

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