The NSW Attorney General has responsibility for managing native title claims in New South Wales and has been nominated as the State Minister responsible for native title under the Commonwealth's Native Title Act 1993.

Native title 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 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. 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.

The process for achieving valid ILUAs is complicated and co-ordination is necessary to ensure that any additional conditions for Commonwealth financial contribution are met if applicable, 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 the Attorney General 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 agency itself will be responsible for negotiating the ILUA with legal assistance from the Crown Solicitor's Office and technical assistance from the Native Title Branch of the Department of Primary Industries, within the Department of Trade and Investment, Regional Infrastructure and Services. 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 the Attorney General for approval prior to the State formally committing to enter into it. Some ILUAs may require Cabinet approval.

Barry O’Farrell
Premier