NTRB Functions

The Kimberley Land Council is the native title representative body (NTRB) for the Kimberley region.

This is a statutory role under the Native Title Act and carries functions and powers for the protection and recognition of native title.

Under the Native Title Act an NTRB must determine its priorities and may allocate its resources as it sees fit to efficiently perform its functions, but must given priority to the protection of the interests of native title holders.

In performing NTRB functions, we undertake a broad range of activities including:

  • Prepare and progress native title applications

  • Conduct anthropological and archaeological research

  • Legal advice and representation

  • Mediation and dispute resolution

  • Heritage protection

  • Agreement-making

  • Post-determination support

  • Assistance with future acts.

The KLC’s activities include a range of professional services in the areas of legal representation, strategic development and community assistance to Aboriginal people. In carrying out these activities, the KLC must always prioritise the protection of the interests of native title holders and ensure it performs its functions efficiently.

What is a Future Act?

A future act is a proposed activity or development that affects native title rights and interests.

Examples of future acts include:

  • Mining

  • Exploration

  • Public works and infrastructure – roads, water pipelines, electricity towers

  • Public housing

  • Pastoral lease activities

  • Water licenses

  • Tourism activities.

Native title holders have specific rights under the Native Title Act in relation to certain types of future acts. These rights include the:

  • Right to comment

  • Right to be consulted

  • Right to object

  • Right to negotiate.

The activation of each right depends on the type of future act that is being done. Usually government works and infrastructure will trigger the right to comment, while mining, exploration and compulsory acquisition may trigger the right to negotiate.

The right to negotiate does not allow the native title party to stop a future act. Instead, the parties have six months to negotiate in good faith about the impact of the future act on native title rights and interests. If the parties cannot reach an agreement in the timeframe, the matter can be referred to the National Native Title Tribunal for decision.

If a future act does not fit into any of the categories under the Native Title Act, then it can only be done with the consent of native title holders (usually under an Indigenous Land Use Agreement).

What is an Indigenous Land Use Agreement?

An Indigenous Land Use Agreement or ILUA is an agreement between a native title group and others about the way lands or waters are to be managed and used.

ILUAs can be made in relation to:

  • Future development arrangements

  • The ways native title can co-exist with other rights

  • Access to an area

  • Extinguishment of native title

  • Compensation.