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Budina and Towera Station Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 11 October 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Within the Shire of Ashburton , Western Australia , Australia
The Agreement covers about 1,571 sq km located approx. 109 km northeast of Minilya Roadhouse and covers all the lands and waters subject to that part of Pastoral Lease 398/593 (Towera) within the external boundary of native title determination application WAD131/04 - Budina People (WC04/5).
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.:WI2013/005
Subject Matter:Pastoral Activities
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA-RegisteredILUA-BudinaandToweraStationILUAWI2013005.aspx
Summary Information:
The Budina and Towera 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

- Pindarra Pastoral Pty Ltd

on 11 October 2013.

The purpose of this Area Agreement ILUA is to provide consent for a range of activities, including Future Acts, in the Agreement Area.

Detailed Information:
Details of the Agreement:

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 May 2013.

Native Title Provisions
The Extract notes 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, i.e. the right to negotiate, will apply to the Agreed Future Acts the subject of this Agreement.

Future Acts
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 urposes (including the diversification and intensification of pastoral related activities) on the astoral 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."

The parties agree that the non-extinguishment principle applies - this means that under section 24EB (3) of the Native Title Act 1993 (Cth) any of the activities authorised under this agreement which may be inconsistent with native title rights and interests do not extinguish these interests, instead they are revived when the activities are finished.

Background to the Agreement:
The Budina People have entered into a series of ILUAs with pastoralists on their traditional country, covering approximately 80% of their native title claim. The ILUAs deal with issues of land access, protection of Budina heritage sites, and many of the practical arrangements that allow both parties to enjoy their rights to the land (YMAC, 2013). ILUAs for Lyndon, Towera, Emu Creek and Middalya Stations have been registered for land located approximately 150kms east from Coral Bay in Western Australia (YMAC, 2013).

Native Title in the ILUA Area.

The Agreement Area includes all the lands and waters subject to that part of Pastoral Lease 398/593 (Towera) within the external boundary of Native Title Determination application WAD131/04 - Budina People (WC04/5) as accepted for registration on 19 August 2005.

Related Entries

Agreement
  • Budina and Middalya Station Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Pindarra Pastoral Pty Ltd - Signatory
  • National Native Title Tribunal
  • Yamatji Marlpa Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Budina People - Signatory

  • References

    Media Release
    Yamatji Marlpa Aboriginal Corporation (YMAC) (6/12/2013) Land Agreements give pastoral station access to Traditional Owners

    Documents

    Map
    Budina and Towera Station Indigenous Land Use Agreement (ILUA) Map - ( PDF)
    Budina and Towera Station Indigenous Land Use Agreement (ILUA) Extract - ( PDF)
    Budina and Towera Station Indigenous Land Use Agreement (ILUA) Agreed Future Acts - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Area Agreement (Australia) | Future Act Agreement (Native Title Act 1993 (Cth)) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia)

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