printable versionPrint this page

Budina and Middalya Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 3 May 2018
Sub Category:Future Act Agreement (Native Title Act) | Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:

The Extract from the Register of Indigenous Land Use Agreements describes the area subject to this ILUA, per Schedule 5 of the Agreement, as that part of the Middalya Pastoral Lease (N050522) that falls within Native Title Determination Application WAD131/2004 Bundina People (WC2004/005).

State/Country:Western Australia, Australia
The area is within the jurisdiction of the Shire of Carnarvon.
Legal Status:

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 3 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

Legal Reference: National Native Title Tribunal File No.: WI2017/020
Subject Matter:Access | Future Act | Native Title | Pastoral Activities | Tourism
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=WI2017/020
Summary Information:

The Budina and Middalya Indigenous land Use Agreement (ILUA) was agreed, under the provisions of the Native Title Act 1993 (Cth), between Three Corners Properties Pty Ltd and the Budina Aboriginal Corporation.

The agreement area covers about 20 sq km, located about 230 km north-east of Carnarvon. 

The purpose of the agreement is to consent to access, pastoral activities and low impact tourism in the Midalaya Pastoral Lease (N05022). 

The Native Title Representative Body for this area is the Yamatji Marlpa Aboriginal Corporation.

Detailed Information:

Details of the Agreement:

Commencement:

The agreement has force as a contract upon its signing, and as an ILUA from the date of its registration, 3 May 2018.;

Termination:

The agreement, except for Clause 15 (Confidentiality), terminates when the Pastoral Lease comes to an end, or by the written agreement of all the parties.

Native Title Provisions:

Right to negotiate:

The parties agree that the right to negotiate provisions of the Native Title Act 1993 (Cth) will not apply with respect to the agreed acts.

Future Act Provisions:

The Extract notes that there are statements within the agreement of the kind which are mentioned in ss24EB(1) or 24EBA(1) or (4) of the Native Title Act 1993 (Cth), and so the consequences set out under those sections are triggered by this agreement. This means that the agreement provides consent for the doing of certain acts by non-native title parties. Specifically, this agreement provides the consent of the Budina Aboriginal Corporation and the Budina People for the doing of the following acts:

  • the renewal, re-making or re-grant of the Pastoral Lease from time to time;
  • the grant of licence, permit, or authorisation from time to time, including any amendment or renewal, re-making or re-granting of the Pastoral Lease, to conduct activities for agricultural purposes (including the diversification and intensification of pastoral related activities) on the Pastoral Lease;
  • the grant of leases, licences and permits from time to time to conduct low impact tourism activity in the Pastoral Lease; and
  • the grant of a pastoral lease from time to time in relation to all or part of any Stock Route or Reserve, to the extent and in the terms of schedule 2 of the agreement.

Native Title in the Agreement Area:

The agreement is located within the area of native title recognised by the Federal Court of Australia (FCA) in the proceeding Lyndon on behalf of the Budina People v State of Western Australia [2017] FCA 1214 (Budina People) (FCA File No.: WAD131/2004; NNTT File No.: WCD2017/006).


Related Entries

Agreement
  • Lyndon on behalf of the Budina People v State of Western Australia [2017] FCA 1214
  • Organisation
  • National Native Title Tribunal
  • Budina Aboriginal Corporation - Signatory
  • Three Corners Properties Pty Ltd - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • Shire of Carnarvon
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Budina People

  • Documents

    Document
    National Native Title Tribunal Extract from the Register of Indigenous Land Use Agreements for WI2017/020 as at 3/5/2018 (Budina and Middalaya ILUA) - ( Thumbnail | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey