French J
Consent determination recognising native title rights and interests in the entire determination area in the Pilbara, Western Australia. The claimants are the Martu and Ngurrara peoples.
Rights and interests
The nature and extent of the exclusive native title rights and interests are the right to:
(a) the right to possess, occupy, use and enjoy the land and waters of the determination area to the exclusion of all others, including:
(i) the right to live on the determination area;
(ii) the right to make decisions about the use and enjoyment of the determination area;
(iii) the right to hunt and gather, and to take the waters for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs;
(iv) the right to control access to, and activities conducted by others on, the land and waters of the determination area;
(v) the right to maintain and protect sites and areas which are of significance to the common law holders under their traditional laws and customs; and
(vi) the right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners of the determination area;
(b) the right to use the following traditionally accessed resources:
(i) ochre;
(ii) soils;
(iii) rocks and stones; and
(iv) flora and fauna
for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs; and
(c) the right to take, use and enjoy the flowing and subterranean waters in accordance with their traditional laws and customs for personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs, including the right to hunt on and gather and fish from the flowing and subterranean waters.