Indigenous Engagement Strategy Glossary

Aboriginal Benefits Account is a Special Account legislated under the Aboriginal Land Rights Act (Northern Territory) that receives and distributes monies generated from mining on Aboriginal land in the Northern Territory based on royalty equivalents to benefit Aboriginal people living in the Northern Territory.  

Aboriginal Land Rights (Northern Territory) Act is an Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes. 

Aboriginal Lands Trust is a statutory board established under the Aboriginal Affairs Planning Authority Act 1972 (WA) with the role of managing the Aboriginal Land Trust estate in Western Australia.  

Black cladding can be a subjective term, however NAIF’s definition is that it is a practise where non-Indigenous businesses or individuals take an unfair advantage of an Indigenous business or individual with a purpose to gain access to Indigenous procurement or contract opportunities. 

Board means the NAIF Board of Directors.  

Caring for Country is a term many Aboriginal and Torres Strait Islander people use when referring to traditional land and sea management practices drawing on customs and knowledge.  

Certified Indigenous Business is either a sole trader, partnership, incorporated entity or trading through a trust that is at least 51 per cent owned by Aboriginal and/or Torres Strait Islander person(s) certified by certifying authorities, NT Indigenous Business Network and Supply Nation. 

Corporations (Aboriginal and Torres Strait Islander) Act 2006 is the Commonwealth law that establishes the role of the Registrar of Indigenous Corporations and allows a special form of incorporation for Aboriginal and Torres Strait Islander organisations. 

Country is a term Aboriginal and Torres Strait Islander people often use when referring to specific land, waters and natural resources that they have cultural and spiritual relationship with based on ancestral custodianship. The term contains complex ideas about law, place, custom, language, spiritual belief, cultural practice, material sustenance, family and identity. 

Cultural Heritage Management Plan is an agreement recognised by the relevant state or territory heritage legislation between a land user and a recognised Traditional Owner party over ongoing management of Aboriginal or Torres Strait Islander cultural heritage areas. 

Cultural Safety can be a subjective term, however NAIF’s definition is that it is an environment where there are clear values, inclusion, respect and principles and everyone is treated with respect and inclusion free from discriminatory behaviour. 

Finance Documents means the loan facility agreement, the securities and any other finance documents entered or to be entered into by or on behalf of the Proponent in connection with any NAIF finance for the Project.  

Financial Close means the date on which all conditions precedent to the loan facility agreement have been satisfied or waived. 

First Nations People an appropriate reference to Aboriginal and Torres Strait Islander peoples of Australia recognising over 500 different language groups or ‘Nations’ around the continent, with distinctive cultures, beliefs and languages. 

Free, Prior and Informed Consent are principles considered as ‘best practice’ when engaging Indigenous peoples on projects that affect them and the lands they live on and is formally recognised by the United Nations Declaration on the Rights of Indigenous Peoples.  

Future Act is a proposed action(s) on an area of land that affects native title rights and interests defined under the Native Title Act 1993.  

IES Criterion is the requirement that the Project Proponent must provide a strategy which sets out objectives for Indigenous participation, procurement and employment that reflect the Indigenous population in the region of the proposed Project. 

IES Obligations are the undertakings, commitments and obligations identified in the IES. 

IES Schedule of Obligations is the template which is expected to be included in the IES listing all the IES Obligations. 

Indigenous Engagement Strategy or IES is the strategy prepared by the Proponent to address Mandatory Criterion Five in the NAIF Investment Mandate.  

Indigenous Land Use Agreement is a voluntary agreement made between a native title group and other parties on the use or management of land or water.  

Indigenous Procurement Policy applies to all non-corporate Commonwealth entities who are required to comply with the Commonwealth procurement policy to stimulate Indigenous economic development through mandatory inclusion requirements.  

Investment Decision has the meaning given in the NAIF Investment Mandate. 

Investment Proposal means the application for NAIF finance submitted by a Proponent. 

Land Use Agreement is an agreement process under the Aboriginal Land Rights Act 1976 (NT) that gives Traditional Owners an opportunity to consult, consider, develop terms and conditions and the right to consent or reject proposals on their land or waters.  

NAIF or we refers to the Northern Australia Infrastructure Facility.  

NAIF Act refers to the Northern Australia Infrastructure Facility Act 2016 (Cth). 

NAIF Investment Mandate is made under the Northern Australia Infrastructure Facility Act 2016 and updated in 2021 to support amendment of the Act and guides the investment strategy of the Northern Australia Infrastructure Facility.  

Native Title Act an Act about native title in relation to land or waters, and for related purposes 

Native Title claimant is an applicant made for legal recognition of native title rights. 

Native Title determination is a decision made by an Australian court or other recognised authority on whether native title does or does not exist in relation to a particular area of land or water.  

Northern Australia has the meaning given in the NAIF Act. 

Project means the project the subject of the Proponent’s Investment Proposal which incorporates Northern Australia economic infrastructure. 

Proof of Aboriginality or Torres Strait Heritage, a process that may be required in the provision of Indigenous-specific services or programs. The Australian Government usually defines Indigenous Australians as people who: are of Aboriginal or Torres Strait Islander descent; identify as being of Aboriginal or Torres Strait Islander origin; and are accepted in the community in which they live or formerly lived in. 

Proponent or you means the entity responsible for the relevant Project. 

Reconciliation Action Plan is designed to assist entities through a framework supporting reconciliation outcomes.  

Representative Aboriginal/Torres Strait Islander Body is a body recognised by the Commonwealth to perform various functions under the Native Title Act including to represent native title holders and to consult with Aboriginal and Torres Strait Islander person(s) within a specified area.  

Torres Strait Islands is a region consisting of a cluster of islands between the tip of Cape York and the southern borders of Papua New Guinea. 

Traditional Owner is an Aboriginal and/or Torres Strait Islander person(s) who has directly descended from Aboriginal and/or Torres Strait Islander people who occupied a particular culturally defined area before European settlement and have cultural traditions, customs and beliefs of that area.