Griffiths J
In this matter, Griffiths J recognised the non-exclusive native title rights of the Budina people. The traditional country of the Budina people is approximately 150km east of Coral Bay, to the south east of Exmouth in Western Australia. The claim area covers approximately 4,096 square kilometres of land in the Yamatji region and is located in the Shires of Ashburton, Carnarvon and Upper Gascoyne. Griffiths J made the determination at an on country hearing held on Lyndon Station. The respondent parties were the State of Western Australia, Shire of Carnarvon, DBNGP (WA) Nominees Pty Ltd and a number of pastoral lessees.
The application was filed in the Court on 18 June 2004 and amended in 2005. It borders the Thalanyji determination area to the north, the Thudgari determination area to the east and south, and the Gnulli claim area to the west. The claim area includes the majority of Towera and Lyndon stations, parts of Emu Creek and Uaroo stations, and very small portions of Middalya, Mangaroon and Maroonah stations. It is bisected northwest to southeast by the Yannarie River, and includes a portion of the Lyndon River in the south.
The native title rights and interests include the rights of access, to hunt, fish, gather, take and use traditional resources, and engage in cultural activities on the land.
The pastoral group number four respondents in respect of Emu Creek station, Lyndon station, Middalya station and Towera station agreed to the terms of the determination, on the basis of each having reached agreement with the applicant in relation to those portions of their respective pastoral leases that are situated within the determination area. Following the determination, the agreements will be executed and applications will be made for the agreements to be registered as Indigenous Land Use Agreements on the Register of Indigenous Land Use Agreements pursuant to s 24BG of the Native Title Act 1993 (Cth) (NTA).
Pursuant to s 87(1) of the NTA, the parties filed an agreement setting out the terms of the determination. Pursuant to s 87(2) of the Act, the parties requested that the Court determine the application without holding a hearing.
Griffiths J made the following observations at [22]: ‘The Budina People's connection to country is inherently religious and spiritual. The spirits of Budina old people reside in Budina land and waters and imbue the land and waters with power over the living. Their presence regulates behaviour toward kin and country. The Budina People's belief that their ancestors inhabit the landscape provide them with the connection to land from which their rights in land arise. This foundational religious belief affects the behaviours and experiences of Budina People today. The Budina People today are descended from Budina ancestors, who occupied Budina country at or before effective sovereignty. Budina People must have a connection to Budina country, and be recognised by other Budina People as being Budina.’
His Honour was satisfied that the proposed determination was appropriate for an order under s 87 NTA and made orders by consent accordingly. The Budina Aboriginal Corporation (ICN 8705) will hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) NTA.