Budina and Emu Creek 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 Emu Creek Pastoral Lease (N050183) that falls within Native Title Determination Application WAD131/2004 Bundina People (WC2004/005), that being the land and waters east and south of a line commencing 115.042057 degrees East, Latitude 23.090804 degrees South and extending generally northerly and generally westerly 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 3 May 2018. This is an authorised body corporate agreement under the Native Title Act 1993 (Cth).

The Budina and Emu Creek Indigenous Land Use Agreement (ILUA) was made under the provisions of the Native Title Act 1993 (Cth) between Kurt and Nikki Leanne Elezovich and the Budina Aboriginal Corporation.

The agreement area covers about 135 sq km, located about 240 km north-east of Carnarvon.

The purpose of the agreement is to provide consent for access, pastoral activities and low impact tourism within the agreement area.

The Native Title Representative Body for this area is the Bundina Aboriginal Corporation RNTBC.

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 at the end of the Pastoral Lease or by 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 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 agreement provides consent for the doing of certain acts by non-native title parties. Specifically this ILUA provides the Budina PBC and the Budina People's consent for the doing of the following future acts:

• the renewal, re-making or re-grant of the Emu Creek Pastoral Lease (NO50183) 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 Area:

The agreement is located within area of native title recognised in the Federal Court of Australia proceeding Lyndon on behalf of the Budina People v State of Western Australia [2004] FCA 131 (Budina People) (FCA File No,: WAD131/2004; NNTT File No.: WCD2017/006). This determination area covers land and waters within the state of Western Australia, in the area of Upper Gascoyne.

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