Bromberg J
Bromberg J made orders by consent recognising the native title rights and interests of the Bunuba peoples over land and waters in the Kimberly region of Western Australia in the vicinity of Fitzroy Crossing.
Background
The claim area of Bunuba #2 Application was dealt with in two parts, Bunuba #2 (Part A) and Bunuba #2 (Part B). Bunuba #2 (Part A) formed part of a consent determination made on 22 December 2005 (Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481). The consent determination for Bunuba #2 (Part B) was delayed due to an overlap of that area with the area that was covered by the Warlangurru proceeding (Warlangurru #2 Proceeding). The Warlangurru #2 Proceeding was dismissed on 5 March 2019, after which the Application and the State of Western Australia submitted there was now no impediment to a consent determination in relation to the Bunuba # 2 (Part B) determination area.
Rights and interests
The Determination Area is the land and waters described in Schedule 1. The Court recognised the following non-exclusive rights and interests in relation to the area: to access and move freely through and within the area; to live, enter and remain on, camp and erect shelters and other structures; to hunt, gather and fish for personal, domestic, cultural and non-commercial communal purposes; take and use flora and fauna for personal, domestic, cultural and non-commercial communal purposes; take, use, share and exchange the natural resources of the area including soil, sand, clay, gravel, ochre, timber, charcoal, resin and stone for personal, domestic, cultural and non-commercial communal purposes; light fires for domestic purposes but not for the clearance of vegetation; engage in cultural activities in the area, including the transmission of cultural heritage knowledge; conduct and participate in ceremonies; conduct burials and burial rites and other ceremonies in relation to death; hold meetings; visit, maintain and protect from physical harm, areas, places and sites of importance; and access, take, use, share and exchange water for personal, domestic, cultural or non-commercial communal purposes.
Prescribed Body Corporate
Bromberg J ordered that the determined native title was to be held on trust by the Bunuba Dawangarri Aboriginal Corporation RNTBC in accordance with s 56(2)(b) NTA.