Glossary

the existence and exercise of native title rights alongside the rights of others over the same area of land or waters. For example, native title rights to go onto land and hold ceremonies may ‘coexist’ with the rights of a pastoral leaseholder to graze cattle. Coexistence is about sharing the land and waters in a way that recognises everyone's rights and interests in the area.

an application made by Indigenous Australians seeking compensation for loss or impairment of their native title.

the relationship that must be shown between Aboriginal people and Torres Strait Islanders with the land and/or waters over which they want native title recognised. To establish ‘connection’ the native title group must show they have continued to observe and acknowledge, in a substantially uninterrupted way, the traditional laws and customs that give rise to their connection with the claim area, from the time of the assertion of sovereignty by the British to the present day (s 223(1)(b) NTA).

The obligation to ensure native title compliance falls on the person proposing to do a Future Act (proponent).  Council will often be the proponent.  For example, where it proposes to grant a lease or construct infrastructure.  In those cases, Council as Proponent must address native title compliance.  In other cases, Council may benefit from or receive a Future Act done by another proponent. For example, the State of Queensland in granting a tenure interest to Council. In those cases, you have the “State as Proponent”.

These agreements are also called Cultural Heritage Management Agreements and are a compliance option under the Aboriginal Cultural Heritage Act and Torres Strait Islander Cultural Heritage Act for projects and activities that would otherwise give rise to an offence. Such agreements are also referred to as 'other agreements' to differentiate them from Indigenous Land Use Agreements (ILUA).