Barker J
In this case, Barker J made orders by consent recognising the native title rights and interests of the Gooniyandi people over 184.37 square kilometres of land in the Shire of Derby/West Kimberley and Shire of Halls Creek in the Kimberley region of Western Australia, an area abutting the group’s previous determination in Sharpe v State of Western Australia [2013] FCA 599. The application was lodged on 10 October 2012. The respondents to the application were the State of Western Australia, the Shire of Derby/West Kimberley, the Shire of Halls Creek, Sterling Jack Buntine, W.N.M. McDonald Pty Ltd and Yougawalla Pty Ltd as trustee for the Yougawalla Unit Trust.
The application covers 2396.27 square kilometres and is divided into an area A and B; however the determination area concerns only area B. The parties have agreed that no determination be made in respect of area A at this time.
The non-exclusive native title rights and interests recognised include rights to: access and move freely within the determination area; camp and erect shelters and other structures; hunt, gather and fish; take flora and fauna; take, share and exchange other natural resources; light fires; engage in cultural activities; conduct ceremonies; conduct burials and burial rites; hold meetings; visit, maintain and protect places and sites of importance; and access and take water and its resources.
The Gooniyandi Aboriginal Corporation is the nominated prescribed body corporate.