KLC Role & Function

The primary role of the Kimberley Land Council is to provide native title services to Kimberley Aboriginal people.

We undertake a broad range of services 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 services.

The KLC, as the Native Title Representative Body for the Kimberley region, provides a range of professional services in the areas of legal representation, strategic development and community assistance to Aboriginal people. Due to the varied range of services we provide, there are often competing interests and demands. Due to limited resources, the KLC is required to prioritise tasks and activities.

What is a Future Act?

A future act is a proposed activity or development that has the ability to affect native title rights and interests.

A future act activity can occur on land and or waters and includes:

  • Mining

  • Exploration

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

  • Public housing

  • Pastoral lease activities

  • Water licenses

  • Tourism activities.

Native title holders have certain rights when it comes to the future act process.These include the:

  • Right to comment

  • Right to be consulted

  • Right to object

  • Right to negotiate.

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

The right to negotiate process does not allow the native title party to stop mining, exploration or compulsory acquisition. Instead, the parties have six months to negotiate whether the future act should happen or not. If the parties cannot reach a decision in the timeframe, the matter can be referred to the National Native Title Tribunal.

What is an Indigenous Land Use Agreement?

An Indigenous Land Use Agreement or ILUA is a voluntary 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.

In the Kimberley, native title holders often make ILUA agreements with pastoralists to set out clear and defined rules about access.