Barker J
In this matter, Barker J made orders by consent recognising the non-exclusive native title rights and interests of the the Ngarlawangga People in relation to the land and waters covered by the Ngarlawangga application under s 87 of the Native Title Act 1993 (Cth) (NTA).
The land the subject of the claim covers 6,103 square kilometres in the southern Pilbara region of Western Australia. The claim area consists largely of pastoral lease lands that were excluded from the native title determination made by the Federal Court on 29 August 2000 in the Nharnuwangga Wajarri and Ngarlawangga proceeding: Smith and Others v State of Western Australia and others [2000] FCA 1249.
The respondents were the State of Western Australia and various pastoralist groups.
Rights and interests recognised
The non-exclusive rights and interests of the Ngarlawangga people recognised are 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 of the Determination Area;
hunt, fish, gather, take and use the traditional resources of the land;
take and use water;
engage in cultural activities on the Determination Area, including:
(i) visiting places of cultural or spiritual importance and maintaining, caring for, and protecting those places by carrying out activities to preserve their physical or spiritual integrity; and
(ii) conducting ceremony and ritual and the transmission of cultural knowledge; and
be accompanied on to the Determination Area by those people who, though not Ngarlawangga People and who (for the avoidance of doubt) cannot themselves exercise any native title right in the Determination Area, are:
(i) the non-Ngarlawangga spouses, parents or children of the Ngarlawangga People; or
(ii) people entering in connection with, and subject to, traditional law and custom for the performance of ceremonies or cultural activities on the Determination Area.
Prescribed Body Corporate
The nominated prescribed corporate body is the Ngarlawangga Aboriginal Corporation (ICN 7755) to hold the determined native title in trust for the native title holders.