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ARTICLE · 18 FEBRUARY 2017

Legislative fix for McGlade native title decision to confirm ILUAs due this week

Clayton Utz
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The Bill to amend the Native Title Act is expected to be introduced, so it should be passed and be in effect very soon.

AustraliaGovernment, Public Sector
Mark Geritz
Mark Geritz
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The Commonwealth Government is moving to confirm the validity of more than 120 Indigenous land use agreements (ILUAs) that were registered despite not all members of the registered native title claimant having executed the agreement.

The Commonwealth has indicated that it will also ensure that ILUAs lodged for registration both before and after the recent McGlade decision without all members of the registered claimant having signed the agreement may be considered for registration. The McGlade decision cast real doubt on the validity of numerous mining and petroleum tenements and other interests granted in reliance on the ILUA registration process.

The Federal Attorney-General has announced that the Commonwealth will introduce legislation "urgently" (which will probably be this week) to reverse the effect of the decision in McGlade v Native Title Registrar [2017] FCAFC 10 and legislatively reinstate the Federal Court's decision in QGC Pty Limited v Bygrave (No. 2)

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