In this matter Griffiths J made a determination by consent recognising the native title rights and interests of Barkandji people to Part B of the claim area, located to the east of Broken Hill in far west New South Wales. The respondents to the application were the State of New South Wales, Menindee Local Aboriginal Land Council, New South Wales Aboriginal Land Council and Wilcannia Local Aboriginal Land Council.
In October 1997, the Applicant made a native title determination application. In June 2015, in Barkandji Traditional Owners #8 v Attorney-General of New South Wales [2015] FCA 604 the Court recognised that the Barkandji and Malyangapa People hold native title over Part A of the claim area.
In February 2017, the Court granted the applicant leave to file an amended native title determination application to reduce the area in relation to the land or waters identified in Schedule Six of the Part A determination. The Part B determination is in relation to part of the land or waters listed in Schedule Six of the Part A determination. The native title rights and interests in relation to the area in respect of which s 47A of the Native Title Act 1993 (Cth) (NTA) applies, comprise the right of possession, occupation, use and enjoyment to the exclusion of all others. The non-exclusive rights and interests include an unlimited right to take and use the natural resources. The group has the right to take and use the water of the non-exclusive area for personal, domestic and communal purposes.
The determination takes effect upon the LALC Lands ILUAs being registered on the Register of Indigenous Land Use Agreements. On the determination taking effect, the Barkandji Native Title Group Aboriginal Corporation RNTBC shall hold the determined native title in trust for the common law holders.