Elements and Performance Criteria
- Conduct background research to identify traditional owners
- Protocols for consultation with Aboriginal or Torres Strait Islander people are researched and documented.
- Appropriate research is undertaken to identify the correct traditional owners, including consultation with the relevant native title representative body and the National Native Title Tribunal (NNTT).
- Expert advice is sought where appropriate.
- Identify key stakeholders
- NNTT is consulted about the requirements for registering an Indigenous land use agreement (ILUA).
- Other stakeholders or potential parties to the agreement are identified through consultation with relevant government agencies.
- Other Indigenous people with interests are identified.
- Meetings are held with traditional owners to establish rapport and credibility.
- Negotiate with traditional owners
- The range of issues to be addressed through an agreement is clarified with council.
- Highly desirable, unacceptable, or possible trade-off positions on each issue are identified for discussion with the traditional owners.
- The scope of the negotiations is identified and agreed with traditional owners.
- Culturally appropriate protocols for negotiations are established.
- Levels of confidentiality and liaison with the media are agreed.
- Processes and timing for consultation with the wider community are agreed.
- Arrangements for liaison with the media are agreed.
- Negotiations are appropriately managed and focussed on mutual outcomes.
- Agreement is reached through negotiation and terms and conditions of agreement are drafted.
- Register the agreement
- Expert advice is sought on the draft terms and conditions of the agreement.
- Draft terms and conditions of the agreement are documented.
- NNTT is consulted about requirements prior to lodging an ILUA registration.
- Application for registration is lodged with appropriate agencies and any queries or additional requirements are satisfied.
- The agreement is registered.
- Arrangements are established for implementation and fulfilment of commitments detailed in the agreement.