Agreements, Treaties and Negotiated Settlements Project

Budina and Middalya Station Indigenous Land Use Agreement (ILUA)
Date:	11 October 2013
Sub Category:	Indigenous Land Use Agreement (ILUA) (Native Title Act)
Place:	Located in Shire of Carnarvon
State/Country:	Western Australia, Australia
	The Agreement Area covers about 13 sq km located approx. 100 km northeast of Minilya Roadhouse in the State of Western Australia.

Legal Status:	Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 11 October 2013. This is an authorised Area Agreement under the Native Title Act 1993 (Cth).
Legal Reference:	National Native Title Tribunal File No.:WI2013/003
Subject Matter:	Pastoral Activities
URL:	http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA-RegisteredILUA-BudinaandMiddalyaStationILUAWI2013003.aspx
Summary Information:
Budina and Middalya Station Indigenous Land Use Agreement (ILUA) was agreed between: - Lorna Corbett, Cyril Hayes, Clive Lyndon,and Ruben Lyndon on behalf of the Budina People; and - Three Corners Properties Pty Ltd on 11 October 2013. The purpose of this Area Agreement is to provide consent for certain activities to take place within the Agreement Area, including Future Acts.
Detailed Information:
Commencement This ILUA was registered with the National Native Title Tribunal (NNTT) on 11 October 2013. The Extract does notes the Start Date of the Agreement as 9 April 2013. No end date is specified. Native Title Provisions Clause 5.6 of the Agreement. That Clause makes it clear that the Parties to the Agreement do not intend for Subdivision P of Division 3, Part 2 of the Native Title Act (the right to negotiate) to apply to the Agreed Future Acts the subject of this Agreement. Future Acts Clause 5.1 of the Agreement states that: "for the purposes of subsection 24EB(1) of the Native Title Act, the Parties consent to the grant of, and the exercise of the rights and obligations created by the grant of, the Agreed Future Acts in the Agreement Area during the Term, provided that: (a) Nothing in this clause is intended to or will fetter the exercise of any power, function or discretion of the State and its agents and instrumentalities pursuant to any Law other than a Native Title Law. (b) Nothing in this clause will affect the operation of Laws relating to the protection of Aboriginal cultural heritage or constitute the agreement of the Budina People to the damage to or destruction, alteration and/or concealment of Areas of Significance or other places, objects or things protected by those Laws. The types of Future Acts are outlined in Schedule 2 of the Agreement [see attached]. Clause 5.3 of the Agreement stipulates classes of Future Acts, including the: (a) The renewal, re-making or re-grant of the Pastoral Lease from time to time; (b) The grant of a 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; (c) The grant of leases, licences and permits from time to time to conduct Low Impact Tourism activity in the Pastoral Lease; and (d) The grant of Pastoral Leases from time to time in relation to all or part of the Stock Routes or Reserves, to the extent and in the terms of clause 1 of schedule 2 of this agreement. Native Title in the ILUA Area. The Agreement Area includes all the lands and waters subject to that part of Pastoral Lease 3114/656 (Middalya) within the external boundary of Native Title Determination application WAD131/04 - Budina People (WC04/5) as accepted for registration on 19 August 2005.