Barker J
In this matter, Barker J made orders by consent recognised the exclusive and non-exclusive native title rights and interests of the Robe River Kuruma people over 4,123 square kilometres of land in the Hamersley Ranges in Western Australia. The respondents to the application were the State of Western Australia, the Commonwealth of Australia, the Shire of Ashburton, Yamatji Marlpa Aboriginal Corporation, Hamersley Iron Pty Ltd, Mineralogy Pty Ltd and various other mining and pastoral interest holders.
Two separate applications were lodged in the National Native Title Tribunal, one in May 1996 in response to a proposed future act and the other in June 1996 expanding the claim area to cover all additional traditional Robe River Kurama country. These applications were combined and continued as one application. The parties reached agreement as to the terms of the consent orders in relation to ‘KM part A’ of the determination area. No determination was made in relation to the balance of the land and waters claimed, designated ‘KM part B’, at this time.
Rights and interests
Barker J recognised that the Robe River Kuruma people hold the exclusive rights and interests to possession, occupation, use and enjoyment of the ‘exclusive area’. In relation to flowing and underground waters, the Robe River Kuruma people hold the right to use and enjoy the waters, including the right to hunt on, fish from, take from and use the traditional resources of the flowing and underground waters.
Barker J recognised that the Robe River Kuruma people hold the non-exclusive rights and interests in the 'non-exclusive area' to live, hunt, fish, gather and use traditional resources for personal, domestic and communal purposes but not for commercial purposes, to take and use water, and to engage in cultural activities and the transmission of cultural knowledge.
Prescribed Body Corporate
The Kuruma Marthudunera Aboriginal Corporation is the nominated prescribed body corporate and shall hold the native title in trust.