The rights and interests of native title holders are protected under the Native Title Act 1993 (Cth).
Proponents seeking access to land or waters covered by native title rights and interests must consult and negotiate with impacted native title claimants or holders. That may include consultation prior to the valid grant of certain interests in land (for instance, grants of tenure for projects).
The only approval pathway in the Native Title Act for clean energy developments is by using an Indigenous Land Use Agreement (ILUA).
First Nations may negotiate an ILUA with proponents which typically grants access to land or sea in exchange for agreed compensation and other commercial or shared benefits. ILUAs are voluntary.
Whilst Native Title enacts ILUA, proponents should still make agreements with Traditional Owners.