What is an ILUA?
An ILUA is an agreement made between Native Title claimants and others who have an interest in the land and/or waters covered by the claim (like pastoralists, farmers, mineral exploration parties, commercial fishers, governments).
Once the parties agree on the content of an ILUA, it can be registered with the National Native Title Tribunal. Once an ILUA is registered, it not only binds those people who have signed the agreement, but it binds all native title holders for that area. The registration of an ILUA also has other effects under the Native Title Act, and in particular it allows people to use and develop land with certainty and in a way that is valid under the Native Title Act.
In negotiating an ILUA, people can focus on the practical issues as they see them, rather than getting caught up in long legal arguments. Everyone involved can talk together to build a better understanding of each other's concerns, rights and interests. This helps build a solid base for ongoing co-operation and relationships.
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