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ILUAs

What is an ILUA?

ILUAs are Indigenous Land Use Agreements, the South Australian goverments preferred method for negotiating agreements as part of the native title resolution process.

The Chamber has a strong working commitment with Indigenous Australians and promotes this option to its member companies.

Since 1999 the Chamber, as the peak body representing the wider resources industry, has been a party to the State Government initiative negotiating Indigenous Land Use Agreements (ILUAs), that has contributed to the recent increase in minerals exploration within the State. The focus of this group is now on the resolution of native title claims. Partners to these agreements include the Chamber, SA Native Title Services (SANTS), the relevant Aboriginal Claim groups and the State.

ILUAs are structured in such a way as to bring significant benefits into Aboriginal communities.

They not only improve on the benefits that may come under the current regimes but, with improved access to land, increase the possibility of community benefits that might derive from a discovery. Not only would a discovery generate a highly beneficial cash flow for the advantage of the whole community, but would generate opportunities for employment and entrepreneurship.

To this end, the industry is currently working with government and non-government agencies to generate long-lasting and sustainable change for the communities in which the industry works. As few individual mining companies have the capacity to make such wide reaching change in their own right, a great deal of effort is being put into working collaboratively to create an impact for enduring change for the benefit of all Indigenous South Australians to ensure that they share in the well-being of the State.

 

Advantages of ILUAs

The ILUAs negotiated by SACOME on behalf of the resources sector collectively are fully pre-negotiated.

Minerals and petroleum explorers and producers seeking to work in South Australia will find that these represent significant advantages in cost, time and certainty over the alternative 'Right To Negotiate' (RTN) option.

 

Timing

  • no need to give 2 or 3 months notice as for RTN
  • no need for extended negotiations as for RTN
  • can form contract immediately by “signing up”
  • immediate access for early exploration (except Antakarinja)

Cost

  • Avoids uncertain costs of notification (of $20k—$30k +)
  • “signing on” fee less than RTN agreements & negotiation costs and is known and certain
  • Survey rates are fixed and CPI/WCI indexed (RTN agreements are more than CPI/WCI)
  • ILUA can contain State incentive package

Certainty

  • All future native title claimants are bound
  • all native title parties bound by this whether parties or not
  • compensation settled unlike Part 9B exploration agreements.
  • Right to add tenements
  • automatic right to add tenements (other than Antakarinja)
  • increasingly not possible under Part 9B agreements

 

Minerals Exploration ILUA's

As at November 2012, Minerals Exploration ILUA's in South Australia are in place for:

  • Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC
  • Gawler Ranges Native Title Claim Group
  • Ularaka Arabunna Association Incorporated
  • Antakirinja Matu - Yankunytjatjara Aboriginal Corporation

Petroleum Conjunctive ILUA's

As at November 2012, Petroleum Conjunctive ILUA's in South Australia are in place for:

  • Yandruwandha/Yawarrawarrka Native Title Claim Group
  • Wangkangurru/Yarluyandi Native Title Claim Group

 

ILUA's Registered in South Australia as at November 2012

Native Title ILUA maps Jun 2012 Page 4

Copies of the agreements can be obtained from DMITRE Minerals | ILUA 

 

2011 Arrow DesignContact Lisa Jeffery, Manager, Indigenous Relations, SACOME on 08 8202 9999 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it