The Commonwealth's Native Title Act 1993 now provides for native title issues to be resolved by way of indigenous land use agreements (‘ILUAs'). The Government supports the use of ILUAs, where appropriate, as they are a means of dealing with native title through co-operation and agreement rather than lengthy and costly litigation.

Native title is a ‘whole of government' issue for New South Wales, as it potentially affects many different agencies and may also have a significant financial impact upon the State. It is important for the State to maintain a consistent approach to native title issues, and in particular to ILUAs. Prioritisation of limited government technical resources is also essential.

The process for achieving valid ILUAs is itself complicated and additional conditions will need to be satisfied if a Commonwealth financial contribution is sought in relation to any agreement. Accordingly, the central co-ordination of all ILUAs will continue to be undertaken by The Cabinet Office, which reports directly to me on native title issues. This will ensure that priorities are managed, technical requirements are met, standard conditions are used and precedents are developed that can be used across the public sector.

Agencies that are considering the possible use of an ILUA to resolve native title issues within their portfolio should first write to me seeking approval and setting out information about the land or water concerned, the purpose of the proposed ILUA and the matters intended to be covered by it. The Cabinet Office will then provide assistance to the agency on technical matters and matters requiring consistency in approach. The agency itself will be responsible for negotiating the ILUA with legal assistance from the Crown Solicitor's Office, although where more than one agency is affected, a small negotiating team may be established. When completed, the final draft of the ILUA should be sent to me for approval prior to the State formally committing to enter into it. Some ILUAs may require Cabinet approval.

While not all native title issues will be able to be resolved by ILUAs, (e.g. where credible evidence of native title cannot be established), in appropriate cases ILUAs can be a productive means of dealing with native title issues.

Bob Carr
Premier