Barker J
In this matter, Barker J made consent orders recognising the rights and interests of the Bunuba People in relation to land and waters spanning the vicinity of Fitzroy Crossing in the Kimberley region of Western Australia. The respondent parties were the State of Western Australia and the Shire of Derby/West Kimberley.
3 applications were determined in favour of the Bunuba People: Part B of WAD 6133 of 1998 (Bunuba Part B), WAD 94 of 2012 (Bunuba #2) and WAD 95 of 2013 (Bunuba #3). Bunuba Part B is a combination of twelve native title applications. Bunuba #2 covers the remaining portions of land excluded from the Part A determination of Wurrunmurra v State of Western Australia [2012] FCA 1399 (less an area which was the subject of a native title application by the Warlangurru People). Bunuba #3 was filed over the portions of Lot 341 on Deposited Plan 52596 already claimed in Bunuba Part B for the purpose of seeking the benefit of s 47B of the Native Title Act to the effect that any prior extinguishment of any native title rights and interests could be disregarded allowing for a determination of exclusive native title rights and interests.
Rights and Interests recognised
It was recognised that the Bunuba People hold:
exclusive native title rights in relation to the Determination Area referred to in Schedule 3. These rights are the right to possession, occupation, use and enjoyment to those areas to the exclusion of all others, except in relation to flowing and underground waters.
In relation to flowing and underground waters, non-exclusive native title rights to use and enjoy that resource were recognised, including the right to hunt, fish, take and use resources for personal, domestic, cultural or non-commercial communal purposes.
It was agreed that the Bunuba People are a language-owning group who speak the language laid down on Bunuba country in the Ngarranggani. It was also agreed that the material provided to the State regarding Bunuba People’s connection to country supports the claim that Bunuba People continue to observe their system of law and custom as it pertains to Ngarranggani.
The Bunuba Dawangarri Aboriginal Corporation shall hold the native title in trust for the Bunuba People.