Indigenous Land Use Agreements: an overview

Under the Native Title Act 1993, a 'future act' is a proposed activity or development that affects native title. The act can be an activity conducted on land or over waters which has the potential to extinguish native title or establishing interests which are inconsistent with the existence of native title.

With widespread exploration and mining activity occurring in Western Australia where indigenous populations live, it is common for the activities of resources companies to affect native title.

Where native title is likely to be affected, the entity carrying out the proposed activity must provide notice to native title parties outlining their intended activities. A native title party has 4 months to object to the proposed activities after the service of the notice.