Mckerracher J
In this matter the Court made orders by consent recognising the native title rights and interests of the Martu People in relation to land situated in the Pilbara region of Western Australia including an area know as Karlamilyi or Rudall River National Park and various reserves.
Three applications were considered by the Court, following mediation and referral of a question of law to the Court about whether a number of mining leases fell with one claim area and a lack of agreement about the extinguishing effect of such leases. See Related Content: James v State of Western Australia [2010] FCAFC 77.
The respondents included the State of Western Australia, Newcrest Mining Ltd, Birla Nifty Pty Ltd, Straits Resources Limited, Telstra Corporation Limited and various private individuals.
Rights and interests - Exclusive
The native title rights and interests recognised are the right of possession, occupation, use and enjoyment to the exclusion of all others, including:
the right to live on the Determination Area;
the right to make decisions about the use and enjoyment of the Determination Area;
the right to hunt and gather and to take water for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs;
the right to control access to, and activities conducted by others on, the land and waters of the Determination Area;
the right to maintain and protect sites and areas which are of significance to the common law holders under their traditional laws and customs; and
the right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners of the Determination Area.
Prescribed Body Corporate
The Western Desert Lands Aboriginal Corporation (Jamukurnu-Yapalikunu) RNTBC (ICN 4207) (WDLAC) is to be the Prescribed Body Corporate to hold the determined native title in trust for the native title holders.