Evaluation of amendments to the Native Title Act 1993 made by the Native Title Legislation Amendment Act 2021

Closes 28 Nov 2025

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Schedule 2: Indigenous Land Use Agreements

More information about Schedule 2

The Native Title Act 1993 (Native Title Act) sets out processes for native title groups to negotiate agreements with other parties about the use of land and waters. A key agreement-making mechanism under the Native Title Act is an agreement known as an Indigenous Land Use Agreement (ILUA). ILUAs can allow for ‘future acts', such as mining or grazing, to be done on land or waters in exchange for compensation to native title groups. Schedule 2 amended the Native Title Act in relation to ILUAs with the intention to streamline and improve native title claims resolution and agreement-making. The amendments were to:

  • allow ‘body corporate’ ILUAs to cover specific areas where native title has been extinguished but where native title has otherwise generally been determined to exist
  • remove the requirement for the Native Title Registrar to notify an area ILUA unless they are satisfied it meets the requirements to be an ILUA
  • allow minor amendments to be made to an ILUA without requiring a new registration process, and
  • clarify that the removal of an ILUA from the Register of ILUAs does not affect the validity of acts agreed to have been done under that ILUA.
Do you support the amendments made by Schedule 2 of the Native Title Legislation Amendment Act 2021?

(Please select one)

In your view, have the amendments made by Schedule 2 operated as intended?

(Please select one)

Please explain further or add any other comments if you wish.

In particular, if you answered “No” or “Unsure” above, it would assist our evaluation if you would expand on this.