Authorisation of Indigenous Land Use Agreements under the new s 251A

The presentation will consider decision-making processes for authorising Indigenous Land Use Agreements (ILUAs), in light of the new and amended provisions of the Native Title Act, which commenced following the decision of the Full Federal Court in McGlade v Native Title Registrar [2017] FCAFC 10. It will seek to give guidance to native title practitioners about the authorisation information needed in support of applications for registration of area agreement ILUAs, where the new provisions are relied upon. The presentation will also cover the differences between the information required for certified ILUAs in contrast to non-certified ILUAs and what information the Registrar is permitted to take into account in making an ILUA registration decision.