Glossary

ILUA

Indigenous land use agreement, a voluntary, legally binding agreement about the use and management of land or waters, made between one or more native title groups and others (such as miners, pastoralists or governments).

INDIGENOUS LAND USE AGREEMENTS

Sections 24BA to 24EC describe how different types of ILUAs can be used to render a Proposed Future Act valid. Essentially the validity is derived from an ILUA containing a Native Title Party’s consent to the Future Act.  The ILUA must however be registered on the Register of Indigenous land use agreements.  This register is maintained by the National Native Title Tribunal.  At the time of Version 1 (April 2015) of these procedures, there were no registered ILUAs for Council.

INQUIRY

the Native Title Act provides for the National Native Title Tribunal to undertake inquiries in relation to:

  • (a) future act determination applications or an expedited procedure objection application (ss 32, 35, 75, and 139(b))
  • (b) special inquiries at the direction of the Commonwealth Minister in relation to a particular matter or issue relating to native title (ss 137, and 139(c))
  • (c) an objection to the registration of an alternative procedure agreement (ss 24DJ (1), 77A, and 139(d))
  • (d) native title applications concerning the whole or part of a proceeding that has been referred to the Tribunal for mediation under s 86B, and raises a matter or issue relevant to the determination of native title under s 225 (s 138A).

In some cases, an inquiry will be made based on written evidence submitted to the Tribunal, without holding an inquiry hearing.

INQUIRY HEARING (FUTURE ACT)

when the National Native Title Tribunal hears evidence and submissions by parties who are in a right to negotiate inquiry (i.e. a future act determination application inquiry or an expedited procedure objection application inquiry). In some cases, a determination will be made, based on written evidence submitted to the Tribunal, without holding an inquiry hearing.

INTERMEDIATE PERIOD ACT

generally, it is an act (excluding most legislative acts) that:

  • was done between 1 January 1994 (the date when the NTA commenced) and 23 December 1996 (the date of the Wik decision) (inclusive)
  • was over an area that is, or was, freehold or leasehold, or an area on which a public work is, or was, situated
  • was invalid to any extent because of the existence of native title (s 232A NTA).

INVALID FUTURE ACTS

Where a Future Act is done by or for Council in a way which is not compliant with the Native Title Act 1993, it will be an Invalid Future Act.  There may be consequences to Council for an Invalid Future Act.  The native title compliance system aims to help Council avoid any Invalid Future Acts.