In this case Griffiths J recognised the native title rights and interests of the Wajarri Yamatji people over lands in Western Australia. The respondent parties included the State of Western Australia, the Shire of Murchison, Yamatji Aboriginal Corporation and Telstra Corporation Limited.
Background
The Court had previously made three conditional determinations in relation to the Wajarri Yamatji applications, Part A, B and C. The area covered in these proceedings (Part E) was the area included in the Wajarri Yamatji applications that had been excluded from previous determinations and was not included in the proposed Part D determination. The land in Part E was previously excluded due to contention around whether an exploration tenement was a ‘lease’ within the meaning of s 47B(1)(b)(i) of the Native Title Act 1993 (NTA).
Following the High Court’s judgment in Tjungarrayi v Western Australia [2019] HCA 12, which held that the exploration tenements were not considered ‘leases’, the Court was able to apply s 47B of the NTA to the undetermined portions of land covered by Part E of the Wajarri Yamatji applications.
Decision
The Wajarri Yamatji applicant, the State of Western Australia and other Respondents reached an agreement as to the terms of a determination of native title. Being satisfied that the determination of native title was within the power of the Court and it was appropriate to do so, by consent of the parties, Griffiths J held that the determination of native title in the Part E Determination Area be allowed. The exclusive rights and interests recognised included the right to possession, occupation, use and enjoyment of the land.
The Wajarri Yamatji Aboriginal Corporation was nominated as the prescribed body corporate for the Part E Determination Area.