Budina and Lyndon Indigenous Land Use Agreement (ILUA)

The Extract from the Register of Indigenous Land Use Agreements identifies the area subject to this ILUA, per Schedule 5 of the agreement, as all the land and waters within the part of the Lyndon Pastoral Lease (N050138) that falls within Native Title Determination Application WAD131/2004 Budina People (WC2004/005). The area is further described as that part of the Lydon Pastoral Lease north of a line commencing at a point Longitude 115.544568 degrees east, Latitude 22.957428 degrees South and extending southerly, south easterly, westerly and northerly through the coordinate points described in Schedule 5 

Registered with the National Native Title Tribunal (NNTT) on the Register of Indigenous Land Use Agreements on 03 May 2019. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Budina and Lyndon Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act 1993 (Cth) between Lyndon Pastoral Pty Ltd and the Budina Aboriginal Corporation.

The agreement covers an area of approx. 1835 sq km, located about 215 km north-east of Carnarvon in Western Australia.

The purpose of the agreement is to provide consent for pastoral leasing and licensing arrangements, and for low impact tourism activities within an area subject to the Budina People's native title claim.

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

Details of the Agreement:

Commencement: 

The agreement commences in full on the date of registration, 3 May 2018.  

Termination: 

Except for Clause 15 (Confidentiality), the agreement terminates automatically upon the end of the Pastoral Lease or by written mutual agreement of all the Parties.  

Native Title Provisions

Right to negotiate: 

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

Future Act Provisions: 

The Extract notes that there are statements within the agreement of the kind which are mentioned in ss 24EB(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 agrement provides consent for the doing of certain acts by non-native title parties. Specifically this agreement provides consent for the doing of the following future acts:  

• the renewal, re-making or re-grant of the Pastoral Lease (N050138), 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 ILUA. 

Native Title in the Area: 

The agreement is located within the area of native title determination since determined in the Federal Court of Australia (FCA) proceeding Lyndon on behalf of the Budina People v State ofWestern Australia [2017] FCA 1214 (Budina People) (FCA File No,: WAD131/2004; WCD2001/2006). 

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