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Before you act: Future Acts and Native Title

A future act is something proposed to be done on land or waters that may cause impact to or affect native title rights and interests. 

The Native Title Act 1993 (Cth) provides a framework for how interests in land or waters that affect native title (and are accordingly future acts) can be validly granted. 

The Act sets out procedures that must be taken when people, government and companies want to do things on Country that affect native title. It also sets out approvals pathways that need to be followed depending on the type of future act. Native title holders (and registered claimants) have procedural rights, for instance, the right to comment or the right to negotiate.

Alternatively, the parties can reach an Indigenous Land Use Agreement (ILUA) which is a voluntary agreement.

These processes provide opportunities for native title parties to conclude agreements with proponents covering a range of matters, including economic and financial participation in a project, cultural heritage, and environmental protection.