Bennett J
This matter concerned a consent determination of native title brought on behalf of the Guruma people over the Tom Price township in the Pilbara region of Western Australia. In 2007, in Hughes on behalf of the Eastern Guruma People v State of Western Australia [2007] FCA 365, non-exclusive native title rights and interests were recognised over Determination Area A of the application. The remaining area, Determination Area B, remained in mediation and was the subject of this proceeding. The respondents to the proceeding were the State of Western Australia, the Shire of Ashburton, the Yamatji Marlpa Aboriginal Corporation, and various mining companies. Bennett J recognised that non-exclusive native title rights and interests existed.
Background
All parties accepted the requisite physical, spiritual and cultural connection of the Eastern Guruma people with the determination area, and there was evidence to support that connection. The outstanding evidentiary issue in negotiation, as far as the State was concerned, was the extent to which s 47B of the Native Title Act 1993 (Cth) might apply. Section 47B provides that if a claim area is not the subject of a Crown dedication that the area is to be used for public purposes, and one or more members of the claim group occupy the area, then any past extinguishment is to be disregarded. The determination area is largely comprised of unallocated Crown land which has been the subject of historical grants of special leases that extinguish native title. The State was satisfied that there were a total of 27 sub-areas within the determination area where s 47B applied to disregard prior extinguishment of native title
Rights and interests
The non-exclusive native title rights and interests recognised were: the right to enter and remain on the land, camp, erect temporary shelters, and travel over and visit any part of the land and waters; the right to hunt, fish, gather or take and to use, share and exchange the resources of the land and waters; the right to take and use water from the land; the right to engage in ritual and ceremony on and in relation to the land and waters; and the right to care for, maintain and protect from physical harm, particular objects, sites and areas of significance to the native title holders.
The parties also agreed to negotiate in good faith on matters relating to the proposed expansion of the developed urban area within the determination area.
The Wintawari Guruma Aboriginal Corporation was nominated as the prescribed body corporate to hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth).