Banks-Smith J
Banks-Smith J made orders by consent recognising the native title rights and interests of the Yurriyangem Taam claims over a number of reserves, unallocated crown land and pastoral leases covering approximately 23,180 square kilometres in the central eastern and south eastern Kimberley.
Background
On 20 September 2010, the applicant filed a native title determination application. On 4 April 2019, the parties to the application informed the Court that they had reached an agreement on the terms of a proposed determination [6].
Rights and interests
The Court recognised the exclusive native title rights and interests over approximately half of the area, largely over reserves and unallocated crown land, to possession, occupation, use and enjoyment of that part of the area as against the whole world.
The Court also recognised the non-exclusive native title rights and interests over most of the remaining area to access and move freely through the land and waters, to live, camp, erect temporary shelters and other structures, light controlled contained fires, engage in cultural activities including the transmission of cultural heritage knowledge, and hold meetings, access and take for any purpose resources including water, protect places, areas and sites of traditional significance including ceremonies and burials, and be accompanied on the land and waters.
Prescribed Body Corporate
At the date of the determination, no prescribed body corporate has been established to hold the native title recognised in the Yurriyangem Taam Determination Area.