North J
This case concerned an area approximately seven square kilometres in the north-east Kimberley region of Western Australia which had initially formed part of the first Miriuwung Gajerrong determination. Although Lee J's recognition of native title in that case was subsequently overturned on appeal, his findings in relation to the area of land subject of this determination were not overturned and eventually supported the recognition of native title in this consent determination. The native title holders are the Miriuwung, Gajerrong, Doolboong, Wardenybeng and Gija people.
Rights and interests
The nature and extent of the rights and interests set out in Schedule 2, including three reserves and a special lease, are an entitlement against the whole world to possession, occupation, use and enjoyment of the land and waters of that part to the exclusion of all others.
The nature and extent of the rights and interests set out in Schedule 3, including two reserves and three pastoral leases, are the non-exclusive rights to
access;
hunt and fish, to gather and use the resources of the land and waters such as food and medicinal plants and trees, timber, charcoal, ochre, stone and wax, and to have access to and use of water on or in the land and waters;
live, being to enter and remain on the land, to camp and erect temporary shelters and other structures for that purpose, and to travel over and visit any part of the land and waters;
light camp fires;
do the following activities:
cultural activities on the land;
conduct ceremonies;
hold meetings;
teach the physical and spiritual attributes of places and areas of importance on or in the land and waters;
participate in cultural practices relating to birth and death, including burial rights; and
record, conserve, maintain and curate sites and activities arising in subparagraphs (i) to (v) above;
access, maintain and protect places and areas of importance, including rock art, engraving sites and stone arrangements;
make decisions about use and enjoyment; and
share or exchange subsistence and other traditional resources.
The nature and extent of the native title rights and interests in relation to the flowing, tidal and underground waters of the whole determination area are the non-exclusive rights to:
hunt, gather and fish on, in and from the flowing, tidal and underground waters for personal, domestic, social, cultural, religious, spiritual, ceremonial or communal needs but not for commercial purposes;
take, use and enjoy the flowing, tidal and underground waters and natural resources and fish in such waters for personal, domestic, social, cultural, religious, spiritual, ceremonial or communal needs but not for commercial purposes.