Native title and ILUAs - Senate repeals McGlade

As discussed in our previous alert, the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 was introduced to address the Federal Court's decision of McGlade v Native Title Registrar [2017] FCFCA 10. It was important for the bill to pass in order to address the uncertainty created and the additional costs likely to be incurred as a result of McGlade, particularly in relation to the signatures of registered native title claimants (RNTCs) required for the validity of the registration of Indigenous Land Use Agreements (ILUAs)).

Validation of existing agreements

If you had:

• entered into a native title agreement on or before 2 February 2017;
• not obtained all of the signatures of the registered native title claimants before applying to have the agreement registered as an Indigenous Land Use Agreements (ILUA); and