An Indigenous Land Use Agreement (ILUA) is a voluntary agreement between native title parties and other people or organisations about how land and waters will be used and managed after native title has been determined to exist.  

Made under the Native Title Act 1993 (Cth), ILUAs provide a practical and flexible way for parties to reach agreement on land use. 

ILUAs are commonly used to enable government agencies to grant interests or rights (tenures) over Crown land or other public land, while ensuring native title rights are appropriately considered and addressed. In many cases, an ILUA is required to comply with native title legislation and provide legal certainty for all parties.

Notable Indigenous Land Use Agreement outcomes 

Barkandji agreement to secure White Cliffs dugouts

Residents who live in dugouts in the outback community of White Cliffs were granted permanent leases in 2021, following an agreement between the NSW Government and Barkandji people, who are native title holders over the land.

The indigenous land use agreement was a significant outcome for the small opal mining community, located 255 km northeast of Broken Hill. The agreement was a ‘win–win’ that provided permanent security for White Cliffs dugout residents and due recognition of the Barkandji Aboriginal community and its traditional and enduring links to the land.

The Federal Court endorsed a native title claim over the White Cliffs area by the Barkandji Registered Native Title Body Corporation in 2015. We worked with the corporation to negotiate an agreement to secure permanent Crown land leases for the residents of the White Cliffs dugouts.

The agreement will also allow for ongoing licences to be granted for other land use purposes, including grazing across the broader Barkandji area.

Menindee Lakes Caravan Park

In 2021, the ownership and management of the Menindee Lakes Caravan Park was transferred to the region’s traditional owners, the Barkandji people.

The transfer acknowledges the Barkandji people’s enduring connection to Country and gives them the rightful opportunity to manage and benefit from their land.