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Native title is the recognition in Australian law that some Indigenous people continue to hold rights to lands and waters. An Indigenous Land Use Agreement (ILUA) is an agreement about native title made between one or more native title groups and other people.
Native title is the recognition in Australian law that some Indigenous people continue to hold rights to their lands and waters, which come from their traditional laws and customs. Native title exists as a bundle of rights and interests in relation to land and waters.
The Australian legal system does not recognise native title rights in some areas where things have been done to extinguish native title.
In those areas native title may be partly or wholly extinguished. Native title is extinguished on:
- Privately owned land (including family homes and privately owned freehold farms);
- Land affected by residential, commercial and certain other leases; and
- Areas where governments have built roads, schools and other public works.
These areas of land cannot be claimed in a native title application. For example, if you own freehold land, or run a business on a commercial lease, native title is extinguished and the land cannot be claimed in a native title application.
Refer to the National Native Title Tribunal for further information or alternatively visit www.nntt.gov.au/Information-about-native-title/Pages/default.aspx.
Indigenous Land Use Agreements
An Indigenous Land Use Agreement (ILUA) is an agreement about native title and the use and management of land or waters made between one or more native title groups and other people.
Refer to the National Native Title Tribunal for further information or alternatively visit www.nntt.gov.au/Indigenous-Land-Use-Agreements/Pages/Aboutindigenouslanduseagreements.aspx.
TERMS USED IN THE INTEREST REPORT
Application Name - Common Name of Application Area, but does not necessarily reflect the Claimant's name or their name for the area.
NNTT Number - Reference Number with National Native Title Tribunal Register.
Federal Court Reference - Reference number allocated by the Federal Court.
- LODGED / FILED - An Application that has been filed with the Federal Court and yet to sit the registration test.
- UNREGISTERED - An Application that fails the registration test and is unregistered by the National Native Title Tribunal Registrar. Unregistered applications remain in the Federal Court and may resit the registration test or the claimants may pursue a determination of native title.
- REGISTERED - An Application that has passed the registration test and is registered on the National Native Title Tribunals Register. Applicants of a registered application have the right to negotiate.
- DETERMINED - A determination of an Application made in the Federal Court or by agreement (consent) and the Tribunal registers that agreement.
- ACTIVE NON-CLAIMANT APPLICATION - An application made by a person who does not claim to have native title to an area but who seeks a determination that native title does or does not exist in that area.
- ACTIVE COMPENSATION APPLICATION - An application made by Indigenous Australians seeking compensation for loss or impairment of their native title.
- ILUA - An indigenous land use agreement which is a binding agreement about the use & management of land between the native title group & other people.
Date Filed - Date the Application was lodged/filed with the Federal Court.
Determination Reference - Determination file number as recorded in the NNTT Case Management System. Note: This number is assigned uniquely to determinations.
For further information:
Native Title Interests and the Native Title process:
National Native Title Tribunal website: www.nntt.gov.au
Freecall: 1800 640 501
Spatial information enquiries, provision of datasets and mapping:
Native Title Graphic Services, Landgate
PO Box 2222, MIDLAND, WA, 6936
Ph:(08) 9273 7391, E: email@example.com