McKerracher J
In this decision, McKerracher J made orders by consent recognising the native title rights and interests of the Kulyakartu people over 3,550 square kilometres of land in the Great Sandy Desert in the East Pilbara region of Western Australia. The applicants filed the Kulyakartu application on 11 October 2005. Another application that entirely covers the Kulyakartu claim area, Kulyakartu #2, was filed on 4 December 2015 to take the benefit of s 47B of the NTA and allow for a determination of exclusive native title rights and interests. The respondents were the State of Western Australia and the Yamatji Marlpa Aboriginal Corporation, with the Commonwealth as intervener.
The applications were separated into part A and part B due to an issue regarding the applicability of s 47B of the NTA to part of the area subject to a petroleum exploration permit. This consent determination covers only part A with the area covered by the petroleum exploration permit, part B, to be heard later.
The determination recognised the right of the Kulyakartu people to possess, occupy, use and enjoy the determination area to the exclusion of all others. The rights recognised in relation to water include non-exclusive rights to take, use and enjoy that water.
The determination will take effect upon the applicants nominating a prescribed body corporate.