North J
In this case, North J recognised the native title rights and interests of the Birriliburu people over 66,698 square kilometres of the lands and waters located in the Little Sandy Desert region in the Western Desert, north of Wiluna and west of Warburton in central WA.
The Court determined the four largely overlapping claims together. The applications were made on 19 June 2013. French J (as he then was) made a consent determination over part of the area of Birriliburu #1 on 20 June 2008. While not making a determination over the remaining areas, his Honour held that the claimant families, despite moving away from the determination area due to European settlement, still had a connection to the region through descent from parents and grandparents. The only remaining issue of contention between the parties, the right to access resources including for commercial purposes, was determined by the Court in BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2014] FCA 715. On 12 May 2016, the parties filed a joint submission in support of the making of the orders in relation to the remaining areas. The sole respondent in the present case was the State of Western Australia.
Rights and interests
North J held that the following non-exclusive rights and interests exist in relation to the determination areas: the right to access, to remain in and to use the determination area; the right to access and take for any purpose the resources of the determination area; and the right to have access to, maintain and protect places, and areas and objects of importance on or in the determination area.
The only issue in contention was whether the claimants possessed the right to the access and use of resources for commercial purposes. The Court followed its decision in on this issue, finding in favour of the Birriliburu people.
The Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) is to be the prescribed body corporate.