Budjiti People/Moombidary Indigenous Land Use Agreement (ILUA)
|Date: ||23 November 2015|
|Sub Category:||Indigenous Land Use Agreement (ILUA) (Native Title Act)|
|The agreement covers approximately 902 sq km, located about 35 km west of Hungerford and falls within the local government authority of Bulloo Shire Council.|
|Legal Status: ||Registered with the National Native Title Tribunal on the Register of Indigenous Land Use Agreements on 23 November 2015. This is an Area Agreement under the Native Title Act 1993 (Cth).|
|Legal Reference: ||National Native Title Tribunal File No.: QI2015/034|
|Subject Matter:||Access | Pastoral Activities|
|Summary Information: |
|Budjiti People/Moombidary Indigenous Land Use Agreement (ILUA) is an Area Agreement between:
- Weemabah Pty Ltd (applicant); and
- Dinny McKellar, Phillip Eulo, Elizabeth McNiven, Margaret Hearn, Carolyn Hooper and Melissa Bryan on behalf of the Budjiti People.
The purpose of this Agreement is not specified within the ILUA Extract.|
|Detailed Information: |
This ILUA was registered with the Register of Indigenous Land Use Agreements on 23 November 2015.
The Agreement Extract does not provide a specific start or end date for the Agreement.
The Agreement Extract does state however, that subject to clauses 5.4 and 5.5 of the Agreement, this Agreement is to take effect on the date that a determination of native title in favour of the Budjiti People is made.
It also states that subject to clauses 5.4 and 5.5 of the Agreement, this Agreement is to continue until:
- the date of expiry of the Lease term; or
- the date of surrender, resumption, forfeiture or termination of the Lease; or
- the date of removal of the Agreement from the Register of Indigenous Land Use Agreements.
Native Title Provisions
The Agreement Extract states that the Agreement does not include any statements in respect of future acts whereby the right to negotiate applies, as mentioned in subs 24EB(1) or 24EBA(1) or (4) of the Native Title Act.
Native Title in the ILUA 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  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.|