Budina and Middalya Indigenous Land Use Agreement (ILUA)

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).

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).

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.

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).

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