Perry J
Perry J made orders by consent recognising the native title rights and interests of the Ngurrara people over 1,574.49 square kilometres of land in Kimberly region of Western Australia. The respondent was the State of Western Australia.
Background
This is the sixth consent determination over different parts of the Ngurrara people’s country. The first consent determination was made in 2002 in the Percival Lakes region which recognised the native title rights and interests of the Ngurrara people in co-existence with the Martu people. Three subsequent consent determinations recognised the exclusive rights of the Ngurrara peoples in 2007 and 2012 over an area of 77,000 square kilometres.
The Court acknowledged that the process of recognising Ngurrara native title rights and interests has been a lengthy one and as a consequence there are many elders who have not lived to see this and earlier determination made (at para [5]).
The Court noted the strength of the continuing connection of the Yi-Martuwarra Ngurrara people to the claim area and that an entirely traditional way of life is within the memory and lived experience of claim group members alive today.
Rights and interests
The Court recognised the Ngurrara people's exclusive right to possession, occupation, use and enjoyment of the Determination Area, described in Schedule 3, against the whole world. (at para [4]).
The Court recognised non-exclusive native title rights and interests to take, use and enjoy water in relation to any watercourse, wetland or underground water source in the Determination Area.
The Court also determined that the native title holders have the right to take and use ochre to the extent that ochre was not a mineral under the Mining Act 1904 (WA).
Prescribed Body Corporate
In their joint submissions, the parties noted that the Yanunijarra Aboriginal Corporation will hold the determination of title in trust but the consent of the company must be obtained at the next director’s meeting.
Orders
The determination of native title by consent was made, with a representative of the common law holders of the native title rights and interests to nominate whether the native title rights and interests are to be held in trust or by an agent and nominate a prescribed body corporate to be trustee or agent of the native title rights and interests within 12 months.