Following the enactment of the Native Title Amendment (Indigenous Land Use Agreements) Act 2017 on 22 June 2017, the National Native Title Tribunal (NTTT) has lifted the moratorium on the registration of Indigenous Land Use Agreements.

The following notification has been circulated by the NNTT:

“The legislation amends the Native Title Act 1993 (Cth), to reinstate the validity of previously registered Area Indigenous Land Use Agreements (Area ILUAs) rendered invalid by the Full Federal Court decision in McGlade v Native Title Registrar & Ors [2017] FCAFC 10, and to amend the requirements for executing area ILUAs.

This means:

  • area agreements registered before February 2017, and affected by the McGlade decision, continue to be validly registered on the Register of Indigenous Land Use Agreements, and
  • applications for registration that had been subject to the Acting Native Title Registrar’s moratorium will now proceed through the registration process. As a general principle these will be dealt with in the date order they were lodged with the Registrar.”