Local Governments, as significant land holders, will inevitably deal with native title issues, whether it be in providing information to the local community, responding to native title claims or undertaking development with native title interests in mind.
Native title can have an impact on a range of Local Government functions, including land management, service delivery, provision and maintenance of infrastructure and land use planning responsibilities. Understanding native title is important for Local Government as anything done in relation to land, day to day functions, may affect native title rights and interests.
Activities or developments that may impact on native title include:
- changing the use of an area
- renewing or issuing licences, permits or leases for an area
- constructing buildings or facilities, such as community centres and parks
- maintaining and providing services to the public, such as upgrading roads
- carrying out any kind of new activity on reserve or unallocated land.
Rural, remote and metropolitan councils are regularly involved as ‘parties’ to native title claims. But more often, local councils and Indigenous groups are coming together to form agreements that address issues of mutual concern, such as cultural heritage protection, recognition of traditional ownership, access to sacred site areas, town planning, environmental and economic issues.
The range of agreements that local councils and Indigenous communities can develop together is unlimited. Their scope only depends on local circumstances and needs. Sometimes local councils will need to form indigenous land use agreements (ILUAs) to ensure that certain development activities, known as ‘future acts,’ are valid under the Native Title Act. ILUAs have also been used as part of the process of settling native title claims. There are now many examples around the country of native title agreements between Indigenous groups and local councils that are working on the ground for everyone involved.
Outside the Act, councils can also form agreements or memoranda of understanding about particular activities or issues of local concern.
