Native Title (Indigenous Land Use Agreements) Regulations 1998

Legislation au C2004L02092 Regulations Not in force Legislative Instrument

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Native Title (Indigenous Land Use Agreements) Regulations 1998 1998 No. 286

EXPLANATORY STATEMENT

STATUTORY RULES 1998 No. 286

Issued by the Authority of the Prime Minister

Native Title Act 1993

Native Title (Indigenous Land Use Agreements) Regulations 1998

The Native Title Act 1993 (the Act) as amended by the Native Title Amendment Act 1998 (the Amendment Act), provides that applications for the registration of indigenous land use agreements (ILUAs) are to be accompanied by a copy of the agreement and any other prescribed documents or information. The relevant sections are:

* Subsection 24BG(2) for body corporate agreements;

* Subsection 24CG(2) for area agreements; and

* Subsection 24DH(2) for alternative procedures agreements.

The Native Title (Indigenous Land Use Agreements) Regulations 1998 (the Regulations) set out the required documents and information needed to accompany an ILUA in order for the agreement to be registered.

The Regulations come into force on 30 September 1998 the date fixed by Proclamation for the commencement of the Amendment Act (other the Schedule 3 of the Amendment Act) .

Background

The Act establishes a system for legally binding agreements between native title holders and those wishing to use land called ILUAs. ILUAs are either a body corporate agreement, an area agreement or an alternative procedure agreement depending upon the contents of the agreement and the parties.

As ILUAs are a new concept established by the Act, the purpose of the Regulations is to ensure that the information included in the application is sufficient to assist the Registrar in deciding whether the agreement should be included on the Register of Register of Indigenous Land Use Agreements and thus attract the statutory protection of the Act.

The Act provides that if all parties to an ILUA agree, the agreement can be registered on the Register of Indigenous Land Use Agreements. Registration ensures that parties to the agreement and any native title holder in the land are covered by the agreement must abide by the contents of the agreement and that acts done in accordance with the agreement are valid under the Act.

Details of the regulations

The details of the Regulations are described in Attachment A.

Attachment A

Registration of body corporate agreement (Regulation 4)

Prescribed Documents-

*       a statement from each party to the ILUA that it agrees to the application for registration being made; and

*       copy of a determination of native title in relation to each registered native title body corporate party.

Prescribed Information-

*       name of each party to the agreement and an address at which each can be contacted, identifying the government party and representative body party if there is one; and

*       description of the area covered by agreement including by means of a map where appropriate;

*        if the agreement is for a specified period, a statement as to that period;

*       if the agreement contains a statement about the doing of a future act or class of future acts, or the application of the right to negotiate, or the surrender of native title, or the validation of a future act or class of future acts, or changing the effect of a validated intermediate period act on native title - include a statement about those matters;

*       statement about informing any representative body before entry into the agreement as required by subsection 24BD(4);

*       statement generally identifying why parties believe it is an agreement to which Subdivision B of Division 3 of Part 2 of the Act applies.

Registration of area agreements (Regulation 5)

Prescribed Documents-

*       a statement from each party to the ILUA that it agrees to the application for registration being made;

*       copy of a determination of native title for any registered native title body corporate party;

*       a copy of an extract from the Register of Native Title Claims in relation to any registered native title claimant party;

*        copy of certificate from representative body.

Prescribed Information-

*       name of each party to agreement and an address at which each can be contacted, identifying the government party and representative body party if there is one;

*       description of the area covered by agreement including by means of a map if appropriate;

*        if the agreement is for a specified period, a statement as to that period;

*       if the agreement contains a statement about the doing of a future act or class of future acts, or the application of the right to negotiate, or the surrender of native title, or the 1validation of a future act or class of future acts, or changing the effect of a validated intermediate period act on native title (see subsection 24EBA(1)) include a statement about those matters; statement about informing any representative body before entry into the agreement as required by subsection 24CD(7); statement generally identifying why parties believe it is an agreement to which Subdivision C of Division 3 of Part 2 of the Act applies.

Alternative procedure agreement (Regulation 6)

Prescribed Documents

*       a statement from each party to the ILUA that it agrees to the application for registration being made;

*       a copy of an extract from the Register of Native Title Claims in relation to any registered native title claimant party; and

*       copy of a native title determination for any registered native title body corporate party.

Prescribed Information

*       name of each party to agreement and an address at which each can be contacted, identifying all government parties and all representative body parties;

*       description of the area covered by agreement including by means of a map where appropriate; if the agreement is for a specified period, a statement as to that period;

*       if the agreement contains a statement about: the doing of a future act or class of future acts, or the application of the right to negotiate, or the validation of a future act or class of future acts - include a statement about those matters;

*       statement generally identifying why parties believe it is an agreement to which Subdivision D of Division 3 of Part 2 of the Act applies.

 

Overview

The Native Title (Indigenous Land Use Agreements) Regulations 1998 were enacted to provide clarity and structure to the process of registering Indigenous Land Use Agreements (ILUAs) under the Native Title Act 1993, as amended by the Native Title Amendment Act 1998. These regulations were issued by the authority of the Prime Minister and aim to ensure that the information included in applications for ILUA registration is sufficient for the Registrar to determine whether the agreement should be included on the Register of Indigenous Land Use Agreements. This registration is essential as it grants the agreement statutory protection, ensuring that all parties involved and any native title holders in the land abide by the agreement's terms. The regulations detail the prescribed documents and information that must accompany each type of ILUA—body corporate agreements, area agreements, and alternative procedure agreements—to facilitate a transparent and legally binding process.

Scope and Application

The Native Title (Indigenous Land Use Agreements) Regulations 1998 govern the registration process for Indigenous Land Use Agreements (ILUAs) under the Native Title Act 1993. These Regulations apply to native title holders and other parties entering into agreements concerning the use of land and resources, aiming to ensure that such agreements are properly documented and registered. The scope of these Regulations includes the requirements for the prescribed documents and information that must accompany an ILUA application to be eligible for registration on the Register of Indigenous Land Use Agreements. The geographic reach of these Regulations is nationwide, applying across all jurisdictions within Australia where native title is recognised. Exclusions or exemptions from these Regulations are not explicitly stated, implying that all ILUAs must comply with the prescribed documentation and information requirements unless otherwise specified in subordinate instruments. The Regulations extend their application by detailing specific documents and information needed for different types of agreements, ensuring that the registration process is comprehensive and consistent.

Key Provisions

The Native Title (Indigenous Land Use Agreements) Regulations 1998 provide detailed requirements for the registration of various types of Indigenous Land Use Agreements (ILUAs) under the Native Title Act 1993. The key sections of the Regulations pertain to the documents and information that must accompany an ILUA application for it to be considered for registration. Specifically, subsections 24BG(2), 24CG(2), and 24DH(2) of the Act require these submissions for body corporate agreements, area agreements, and alternative procedure agreements, respectively. The Regulations stipulate that for the registration of a body corporate agreement (Regulation 4), the application must include a statement from each party agreeing to the application and a copy of a determination of native title for each registered native title body corporate party. Additionally, the application must provide the names and contact details of each party, a description of the area covered by the agreement, and specific statements if the agreement pertains to future acts, the right to negotiate, the surrender of native title, or the validation of future acts. For area agreements (Regulation 5), the requirements are similar, but include an additional requirement for a copy of an extract from the Register of Native Title Claims for any registered native title claimant party and a certificate from the representative body. For alternative procedure agreements (Regulation 6), the application must include a statement from each party agreeing to the application, a copy of an extract from the Register of Native Title Claims for any registered native title claimant party, and a copy of a native title determination for any registered native title body corporate party. Additionally, the application must provide the names and contact details of each party, a description of the area covered by the agreement, and statements if the agreement pertains to future acts, the right to negotiate, or the validation of future acts. The Regulations impose specific obligations on the parties involved in an ILUA. Each party must ensure that they provide the necessary documents and information as prescribed by the Regulations. This includes statements of agreement to the application, determinations of native title, and other relevant documents such as extracts from the Register of Native Title Claims and certificates from representative bodies. Additionally, parties must include detailed descriptions of the areas covered by the agreement and make specific statements if the agreement pertains to future acts, the right to negotiate, or the surrender or validation of native title. Breaches of the requirements set out in the Regulations can lead to significant consequences. While the Regulations themselves do not specify penalties for non-compliance, failure to provide the necessary documents and information can result in the Registrar refusing to register the ILUA. Such refusal would mean that the agreement does not receive the statutory protection afforded by the Native Title Act 1993, potentially undermining the rights and interests of the parties involved. Therefore, it is crucial for all parties to carefully adhere to the provisions of the Regulations to ensure the successful registration of their ILUA.

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.