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.
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 D) were encompassed by two separate applications – the Wajarri Yamatji (Byro Plains) Application (Byro Plains Application) and the Wajarri Yamatji #6 Application (#6 Application). The Byro Plains Application covered land that was immediately west of the Part A Determination. The #6 Application covered land that was within the external boundary of the Part A Determination.
Decision
The Wajarri Yamatji applicant and the State of Western Australia reached an agreement to the terms of a determination of native title in relation to both the Byro Plains Application and the #6 Application. 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 D Determination Area be allowed.
The exclusive rights and interests recognised included the right to possession, occupation, use and enjoyment of the land. The non-exclusive rights and interests recognised included the right to enter and remain on the land, camp, hunt, fish, take and use resources of the land including water, the right to engage in cultural activities on the land, conducting and participating in ceremonies and rituals, the right to light fires except for the purpose of clearing vegetation, and the right to conduct burials.
The Wajarri Yamatji Aboriginal Corporation was nominated as the prescribed body corporate for the Part D Determination Area.