|The South Australian Government, through the South Australian Indigenous Land Use Agreement (ILUA) Statewide Negotiations Strategic Plan 2006-2009 is committed to achieving its stated objective of achieving “certainty over access to and sustainable use of land, water and resources through negotiated recognition and just settlement leading to the resolution of native title claims across the State.”
In order to further this aim, they have developed five template Indigenous Land Use Agreements relating to:
Fishing and aquaculture
The ILUA template applies to ‘authorised’ exploration tenements issued by the government, as well as renewals, regrants and extensions of applicable tenements. Different types of exploration tenements within the area covered by the original tenement are also authorised under the ILUA. Attached to the template are several documents including the Exploration Contract Conditions. Individual explorers can sign up to the ILUA by entering into an accepted exploration contract which complies with the Exploration Conditions. The template provides for the payment of benefits to the native title claim group as consideration under each accepted exploration contract. Compensation may also be payable in the event of a native title determination.
The ILUA template provides that the agreement ends when the last of the individual accepted exploration contracts expires, and is reviewed every five years after the initial registration. In the event of a breach of an essential term of an accepted exploration contract, the contract cannot be terminated, but the ILUA will not apply to later exploration tenements (eg renewals).
Explorers, under the template, must provide training about Aboriginal culture, heritage, native title and appropriate legislation to their employees, contractors and sub-contractors. If in the event of exploration, the explorers discover anything which it suspects might be an Aboriginal site, objects or remains, the explorer must notify the native title claim group and stop work in that area so as not to disturb the site.
The non-extinguishment principle of the template confirms that native title rights will continue to exist, but have no effect for the duration of the exploration tenement authorised under the ILUA. The ILUA, however, is not an acceptance by the State that native title exists over the area in question.
Under the template, the parties agree to develop strategies and programs to provide Aboriginal people in regional South Australia with the skills necessary for employment in the industries that are developing in the region. These programs will be funded in part by the State government. Where lawful and practical, exploration companies must give employment preference to a member of the native title claim group.
Under the template agreement, the State and the exploration company must keep confidential all cultural information which is restricted or forbidden to be disclosed by Aboriginal tradition.
In the event of a dispute, the ILUA sets out the procedures for resolution.|