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ARTICLE · 20 JUNE 2017

ILUAs fit the Bill - Senate resolves uncertainty following the McGlade decision

This Bill restores the status quo in respect of execution and registration of Indigenous Land Use Agreements (ILUAs).

AustraliaGovernment, Public Sector

WHO SHOULD READ THIS

  • All proponents and Traditional Owners who are a party to an existing Indigenous Land Use Agreement (ILUA) or intend to enter into an ILUA.

THINGS YOU NEED TO KNOW

  • Legislation has been passed to restore the status quo in relation to the execution of ILUAs.

WHAT YOU NEED TO DO

  • Note the majority execution provisions, as well as other new provisions relating to claim group authorisation.

The Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 (the Bill) has been passed.

The Bill reverses the effect of the decision in McGlade v Native Title Registrar & Ors [2017] FCAFC 10 (McGlade) and restores the status quo in respect of the execution and registration of Indigenous Land Use Agreements (ILUAs).

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