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Budina and Lyndon Station Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 11 October 2013
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:Located in the vicinity of the Shire of Carnarvon , Western Australia, Australia
The Agreement Area covers about 1,649 sq km located approx. 105 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.:WI2013/004
Subject Matter:Pastoral Activities
URL: http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Search-Registered-ILUAs/Pages/WA-RegisteredILUA-BudinaandLyndonStationILUAWI2013004.aspx
Summary Information:
The Budina and Lyndon 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

- Lyndon Station Pty Ltd

on 11 October 2013.

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

Detailed Information:
Commencement

This ILUA was registered with the National Native Title Tribunal (NNTT) on 11 October 2013.

The Extract specifies a start date of 9 May 2013. No end date is specified.

Native Title Provisions

Clause 5.6 of the Agreement states that the Parties to the Agreement do not intend for Subdivision P of Division 3, Part 2 of the Native Title Act to apply to the Agreed Future Acts the subject of this Agreement. This means that the right to negotiate does not apply to the Agreed Project Activities.

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 urposes (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 covers all the lands and waters subject to that Part of the Pastoral Lease 3114/1041 (Lyndon) within the external boundary of Native Title Determination Application WAD 131/04 - Budina People (WC04/5) as accepted for registration on 19 August 2005.

Related Entries

Organisation
  • Lyndon Station Pty Ltd - Signatory
  • Yamatji Marlpa Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • Budina People - Signatory

  • Documents

    Map
    Budina and Lyndon Station ILUA Map - ( PDF)
    Budina and Lyndon Station ILUA Extract - ( PDF)
    Budina and Lyndon Station ILUA Agreed Acts - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Area Agreement (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) | Native Title Registers | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)

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