Colvin J
Colvin J made orders by consent recognising the native title rights and interests of the Ngurrara people over 34 square kilometres of land in Kimberly region of Western Australia. The respondent was the State of Western Australia.
Background
This is the seventh consent determination over different parts of the Ngurrara people’s country.
The Court noted that the Ngurrara People share a cultural identity defined in part by their acknowledgement of the laws and customs of the jila-kalpurtu rain making ritual. There are several hundred jila throughout the area, some of which are associated with ancestral figures.
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 2. The native title rights and interests are subject to the Petroleum and Geothermal Energy Resources Act 1967 (WA) as the land borders a petroleum site.
The Court also recognised non-exclusive native title rights and interests to take, use and enjoy water in relation to any watercourse, wetland or underground water source as defined Rights in Water and Irrigation Act 1914 (WA) in the Determination Area.
Prescribed Body Corporate
While Colvin J anticipated that Yanunijarra Aboriginal Corporation would be appointed, the correct consent had not been obtained prior to the determination due to the current pandemic (COVID-19), which has caused delays in normal processes. Colvin J gave the group a 6 month extension period to obtain consent.
Orders
The determination of native title by consent was made, with a 6 month extension to arrange for an appointment of a PBC. The determination will not take effect until the PBC issue has been determined.