The Court orders that there be a determination of native title in relation to Determination Area.
This case concerns the Jurruru People’s native title application (Jurruru #3 Application). The northern part of the Determination Area is comprised of various pastoral stations, whilst the southern part is comprised of unallocated crown land.
Procedural History
This was originally filed with the Federal Court on 4 February 2016, and later entered on the Register of Native Title Claims on 4 August 2016. The Jurruru #3 Application was made on behalf of the same native title group as was determined to hold native title in Smirke on behalf of the Jurruru People v State of Western Australia [2015] FCA 939. The Jurruru #3 Application is an ‘extended claim to country’ made in order to remedy the difference between the full extent of traditional Jurruru country as understood by the traditional owners, and the areas already previously determined by Jurruru Part A Determination, and claimed by the Jurruru Part B Application (WAD 537 of 2018) and the Jurruru #2 Application (WAD 538 of 2018).
Present Judgment
Banks-Smith J was satisfied that the Applicant is authorised under s 61(1) of the NTA to consent to the Court making a determination consistent with the terms of the Minute. Her Honour was also satisfied with the requirements of s 87 of the NTA, being the ending of the notice period, the terms of agreement being filed with the Court, the order is within the powers of the Court, and the question of ‘appropriateness’. Regarding ‘appropriateness’, her Honour relied on Munn for and on behalf of the Gunggari People v Queensland [2001] FCA 1229 to reiterate the rule that the State, not the Court, must inquire into and scrutinise the evidence of native title claim, and the Court might only consider evidence for the limited purpose of being satisfied of the good faith and rationality of the government respondent (at [31]). Her Honour found that the State had acted accordingly.
Rights and Interests
Banks-Smith J recognised the non-exclusive rights to enter, camp and travel over the land and waters, hunt, fish, gather, take and use the traditional resources of the land, take and use water, engage in cultural activities including visiting places of cultural or spiritual importance, conducting ceremony and ritual, and to be accompanied on the area.
The court orders that the Jurruru Aboriginal Corporation (ICN 8251) shall hold the determined native title in trust for the native title holders pursuant to s 56(2) of the NTA.