Sceghi on behalf of the Kultju Native Title Claim Group v State of Western Australia [2019] FCA 1756

Year: 
2019
Jurisdiction: 
Western Australia
Forum: 
Federal Court
Legislation considered: 
s 87 Native Title Act 1993 (Cth)
s 225 Native Title Act 1993 (Cth)

Colvin J

In this decision Colvin J made orders by consent recognising the non-exclusive native title rights and interests of the Kultju Group in  an area known as the Kultju Application Area within the Western Desert of Western Australia.

The respondents to the proceedings are the State of Western Australia, Central Desert Native Title Services Ltd and BHB Billiton Nickel West Pty Ltd.

In making the consent determination the Court was satisfied that the orders fell within its power and conformed to the requirements of ss 87 and 225 of the Native Title Act 1993 (Cth).  Colvin J noted that, in making the orders, the Court recognises the enduring traditional laws and customs observed by the Kultju Group in respect of the land the subject of the determination.

Rights and Interests- Non Exclusive

The native title rights and interests in the determination area (where there has been partial extinguishment by the creation of reserves and public works) are:

  • The right to access, remain in and use that area;
  • The right to access, take and use the resources of that area for any purpose;
  • The right to engage in spiritual and cultural activities in that area; and
  • The right to maintain and protect places of significance on that area.

Prescribed Body Corporate (PBC)

The native title is to be held in trust by the Kultju (Aboriginal Corporation) (ICN: 9147).   ​

Orders

The Court made a native title determination by consent recognising native title rights in respect of the Kultju Application area. There was no order as to costs.