Native Title
Template
A template for Local Government Indigenous Land Use Agreements (ILUA) has now been finalised by the State-wide ILUA Negotiations and can be found below with explanatory material. The template can be used by Councils, Native Title claim groups and the SA Government to facilitate negotiations over native title.
The State-wide ILUA Negotiations were established by the previous government as a way of fostering native title agreements and avoiding costly court processes. Further information on the State-wide process can be found on a website link below.
The briefing paper prepared following the signing of the Narungga ILUA below remains relevant and explains native title in simple terms for Councils, along with the ILUA process and alternatives. The State's Consent Determination Policy, which can also be found below, is further explained in the briefing paper. In some ways the policy describes the minimum requirements sought by the State from claim groups before it will agree to settle a claim by consent.
ILUA Local Government Template and Explanatory Notes 
(272 kb)
Agreeing on Native Title Forum - 27 September 2005
A successful forum was hosted by the LGA in September. At the Forum a DVD documenting the negotiation of the Narungga ILUA outlined below, was launched. A copy of the DVD is being sent to each Council. Further copies can be obtained by contacting Alison Gill at the LGA on alison.gill@lga.sa.gov.au.
Attorney-Generals Presentation - Native Title Forum (60 kb)
Paper by Rosemary Craddock in response to the template (57 kb)
Peter Hall AGD Presentation Agreeing on Native Title Forum (107 kb)
Rick Wilkinson DC of Yorke Peninsula Agreeing on Native Title Forum (4343 kb)
Commonwealth Assistance Reforms
The Commonwealth has foreshadowed reforms to the native title system including to its non-claimant funding support arrangements designed to "encouarage agreement making rather than litigation." More can be found regarding these changes by visiting the Commonwealth Attorney-General's website, and the LGA will ensure Councils are provided with final details once they are made available.
Briefing Paper
The attached briefing paper has been prepared for Councils to clarify issues for Councils:
- The Yorke Peninsula ILUA - what does it mean?
- State-wide ILUA Negotiations - The Local Government Side Table
- Options for Councils for Resolving Native Title
- The State of SA's Consent Determination Policy
Native Title Briefing Paper for Local Councils - December 2004
(157 kb)
Also attached is the State's Consent Determination Policy, which outlines when it will support a consent determination by the Federal Court.
Consent Determinations in SA - A Guide to Preparing Native Title Reports
(633 kb)
Narungga Agreement
The Yorke Peninsula District, Barunga West, Copper Coast and Wakefield Regional Councils, have signed an agreement (3/12/2004) to deal with native title matters with the Narungga Nation and the SA Government. Click here for media release. This is the first Indigenous Land Use Agreement (ILUA) involving Local Government in SA.
The agreement, known under the Native Title Act as an Indigenous Land Use Agreement or ILUA, is being used to construct a template to assist other Councils - by the parties to State-wide ILUA talks including the LGA. For more information about the State-wide ILUA negotiations click here.
General Information for Councils
The LGA has ensured Councils have access to extensive information in relation to Native Title, in particular via the Australian Local Government Association.
This information includes:
- The ALGA's guide " Working with Native Title"
- 10 Checklists designed for specific groups in Councils:
- More general information on Native Title, and
-
An index of resources on the internet.
The LGA has also facilitated provision of training around SA by the ALGA.
Other information
For more information regarding Native Title, the following sites may be of interest:
For information about Local Government and indigenous issues, click here.
