Gilmour J
In this consent determination, the Federal Court recognised the native title rights and interests of the Wanjina-Wunggurr Community in respect of a small area of land and waters in the northern Kimberley region in Western Australia.
Background
In Neowarra v Western Australia [2003] FCA 1402 the Federal Court found that the members of the Wanjina-Wunggurr Community, consisting of the Ngarinyin, Wunambal and Worrorra peoples and countries, constituted a single society. In 2011 the Federal Court made a determination of native tile over approximately 25,913 square kilometres of land and waters in favour of the Wanjina-Wunggurr Community in Goonack v State of Western Australia [2011] FCA 516. Part of the Wanjina-Wunggurr Uunguu application (excluded area) was ordered to remain in mediation. The reason for the omission of the excluded area was to allow for a new application (Wanjina-Wunggurr Uunguu B application) to be filed over the excluded area to take advantage of the application of s 47B of the Native Title Act 1993 (Cth) (NTA).
The parties agreed that s 47B of the NTA applies to disregard prior extinguishment in relation to the determination area, a small area of unallocated Crown land and an easement previously the subject of a special lease. Gilmour J was satisfied that the procedural requirements under section 87 of the NTA had been met in relation to the determination area.
Rights and interests
Gilmour J recognised the Ngurrara people’s exclusive native title rights over the determination area and their non-exclusive rights over intertidal areas and water within the same area. The applicant nominated the Wanjina-Wunggurr (Native Title) Aboriginal Corporation RNTBC as the relevant Prescribed Body Corporate to hold native title on trust.