Gilmour J
These two matters concerned consent determinations of native title in favour of the Ngurrara people. The determination areas were known as Determination Area B (Kogolo) and Determination Area C (May), located in the Great Sandy Desert in the Kimberley region of Western Australia.
Background
In 2007 the Federal Court made a determination of native tile over approximately 77,810 square kilometres in favour of the Ngurrara people (Kogolo v State of Western Australia [2007] FCA 1703). The parties to the 2007 proceedings agreed that part of the claim area (the Excluded Area) would be excluded from the determination and remain in mediation. Subsequently, the application was amended to remove the area covered by the 2007 determination such that the Ngurrara application consisted of only the Excluded Area.
The Excluded Area
The parties subsequently reached agreement relating to the Excluded Area, which was determined in two separate proceedings (Kogolo and May) relating to two areas: Determination Area B (comprising a reserve which had been vested in the Aboriginal Lands Trust) and Determination Area C (comprising three reserves or portions thereof, one of which had been vested in the Aboriginal Lands Trust).
The parties agreed that s 47A of the Native Title Act 1993 (Cth) (NTA) applied such that any extinguishment of native title by the creation of the reserves was to be disregarded.
Decision
Gilmour J was satisfied that the procedural requirements under section 87 of the NTA had been met in relation to both Determination Areas B and C. Gilmour J recognised the Ngurrara people’s exclusive native title rights over Determination Areas B and C and their non-exclusive rights over waters within the same areas. The applicant nominated the Yanunijarra Aboriginal Corporation RNTBC as the relevant Prescribed Body Corporate to hold native title on trust.