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ILUA

Over a large portion of South Australia native title issues must be addressed before land can be used for mineral exploration. The recognition and protection of Native Title rights in South Australia is governed by the Native Title (South Australia) Act 1994 (external site, opens in new window).

Indigenous Land Use Agreements (ILUAs) can be used to resolve Native Title claims (applications by Aboriginal and Torres Strait Islander people seeking recognition of their Native Title rights and interests in relation to lands or waters).

An ILUA is an agreement made between Native Title claimants and others who have an interest in the land or waters covered by the claim, for example mineral exploration parties. The ILUA sets out the consent of the parties to the grant of exploration tenements and the carrying out of exploration activities under those tenements.

Individual explorers can 'sign up' to the ILUA by entering into a contract on the terms set out in the Exploration Contract conditions.

ILUA documentation can include:

  • Framework Document - the formal agreement covering terms, conditions, obligations and dispute resolution provisions
  • Exploration Contract Conditions - covering obligations, payments, Aboriginal heritage issues, rehabilitation and other matters
  • Heritage Clearance Procedures - the process for surveys to be undertaken, including relevant fees payable
  • Mapping - access and survey procedures and authorisations
  • Acceptance Document - to be completed and signed by the explorer who will then be bound by the terms and conditions of the ILUA.

 Indigenous Land Use Agreements are currently in place for:

 
For more information about Native Title and the benefits of negotiating ILUA's see the South Australian Native Title Resolution website (external site, opens in new window).