Native title is a key issue for Local Governments around Australia. Rural, remote and metropolitan councils are often parties to native title claims that cover areas of land for which Local Governments are responsible. They are also involved where future development is planned for areas where native title might exist, even if a native title claim has not been made.
Because Indigenous people are part of local communities, more and more often local councils and Indigenous groups are making agreements that deal with issues of mutual concern. These might involve cultural heritage protection, recognition of traditional ownership, town planning and environmental and economic issues.
Local Government is a key player in native title matters, and can provide leadership in finding practical outcomes. Experience has shown that the process of negotiating agreements – as well as the agreements themselves – can strengthen existing community relationships and create new ones. The form those agreements take and what they are about is a matter for the parties. Their scope is determined by local circumstances and needs. There is no ‘one size fits all’ native title agreement.
Indigenous land use agreements (or ILUAs) are one type of agreement that can be negotiated and registered under the Native Title Act. ILUAs have been used to provide for the expansion of town boundaries, new industrial and residential estates, and other developments. Less formal agreements can set out a framework for involving the local Indigenous community in discussions about planning and land use. Whatever form they take, agreements can give certainty for future planning and development. Local Governments and the communities they represent can proceed with confidence.
It is more than a decade since the Commonwealth Native Title Act 1993 commenced. In that period, many Local Governments have reached agreement with Indigenous communities to work together. This supplement gives examples of agreements from various parts of Australia, demonstrating the variety of things that people have been able to agree about. Importantly, it shows that, years after the ink is dry, these agreements continue to provide the basis for communities working together.
The National Native Title Tribunal has a wealth of knowledge and experience to help people negotiate agreements – and avoid the cost, delay and strain on relationships that litigation can involve. We work with Local Governments, Indigenous groups and others towards an Australia where native title is recognised, respected and protected through just and agreed outcomes.
Graeme Neate,
National Native Title Tribunal President
