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Budjiti People and Local Government Indigenous Land Use Agreement (ILUA)
Date:	6 November 2015
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located between Thargomindah and Cunnamulla
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State/Country:	Queensland, Australia
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	The area subject to this agreement covers about 16,700 sq km located on the New South Wales and Queensland Border, between the townships of Thargomindah and Cunnamulla.
Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 6 November 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.: QI2015/023
Subject Matter:	Local Government \| Native Title
URL:	http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2015/023
Summary Information:
Budjiti People and Local Government Indigenous Land Use Agreement (ILUA) is an Area Agreement between: - Bulloo Shire Council (applicant); and - Dinny McKellar, Philip Eulo, Elizabeth McNiven, Margaret Hearn, Melissa Bryan and Carolyn Hooper on behalf of the Budjiti People QUD53/2007. The purpose of this Agreement is to provide consent for Bulloo Shire Council to do the activities outlined within the Agreement.
Detailed Information:
Commencement This ILUA was registered with the Register of Indigenous Land Use Agreements on 6 November 2015. Clause 19 in Part 3 of the Agreement commences on the Execution Date, being the date that the last Party signs the agreement. All other provisions in Part 3 of the Agreement commence on the Registration Date, being 6 November 2015. Use of the Agreement Area The Right to Negotiate The Agreement states that Part 2 Division 3 Subdivision P of the Native Title Act (in respect of the right to negotiate) does not apply to any Future Acts covered by the Agreement. Low Native Title Impact Activity Clause 29.1 of the Agreement provides that the Parties consent to any activity which has a Low Native Title Impact, as described in Schedule 4 of the Agreement. This includes activities such as maintenance, low impact infrastructure, pest control and local government operational activities. High Native Title Impact Activity Clause 29.3 of the Agreement states that the Parties may consent to any activity which has a High Native Title Impact, as set out within Schedule 5. This includes high impact infrastructure, high impact tenure grants, and activities which temporarily prevent the exercise of native title. Consent of High Native Title Impact Activities requires that notice is given and consultation undertaken with the Native Title Party; or consensus is reached at a Capital Works Forum. Capital Works Forum "Capital Works Forum" means one or more meetings of the Native Title Party and Local Government, for the purposes set out below. Clauses 32.4 of the agreement states that the objectives of a Capital Works Forum are to: (a) provide a forum at which the Local Government can table a list of proposed capital works for discussion and reaching consensus about whether they have a Low Native Title Impact or a High Native Title Impact; and (b) enable the Parties to discuss any other proposed Activities which the Local Government cannot readily categorise as Low or High Native Title Impact, with a view to reaching a consensus on their categorisation; (c) in the case that the Parties reach consensus that any of the listed capital works are activities that have a High Native Title Impact, to enable them to undertake consultation in relation to those activities. Native Title in the Agreement Area The Agreement area falls within the Budjiti People native title application QUD53/2007. In McKellar on behalf of the Budjiti People v State of Queensland [2015] FCA 601 the Federal Court of Australia determined that the Budjiti People hold non-exclusive native title rights and interests over the entire Determination Area.