Barker J
In this matter, Barker J made orders by consent recognising the native title 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, with the exception of the area covered by the Warlangurru 2 native title application, which was filed on 21 December 2015.
Three native title applications, Part B of WAD 6133 of 1998 (Bunuba Part B), WAD 94 of 2012 (Bunuba #2) and WAD 95 of 2013 (Bunuba #3) were determined in favour of the Bunuba People on this occasion.
The respondent parties are the State of Western Australia, the Shire of Derby/West Kimberley, Oil Basins Limited, Bullurea Pastoral Company, Jubilee Downs Pastoral Company, Callum Hugh MacLachlan, Jock Hugh MacLachlan, Napier Corporation and Kenneth Andrew Vivian (as Executor for Estate of Jillian Mary Jenyns). The entirety of the area claimed on Bunuba #2 was to be determined, but was prevented from being so due to the filing of a Form 1 Native Title Application on behalf of the Warlangurru People, which overlaps part of Bunuba #2 in the south of the claim area. The remaining unaffected area of the Bunuba #2 claim area was subject to this determination.
Rights and Interests recognised
It was recognised that the Bunuba People hold exclusive native title rights and interests in relation to each part of the Determination Area referred to in Schedule 3. These rights are rights of possession, occupation, use and enjoyment to the exclusion of all others, except in relation to flowing and underground waters.
The right to use and enjoy the flowing and underground waters including the right to hunt, fish, take and use resources for personal, domestic, cultural or non-commercial communal purposes.
Non-exclusive rights in the Determination Area referred to in Schedule 4, Parts 1-5, including the right to conduct activities necessary to give effect to them:
(a) the right to access and move freely through and within each part of the Determination Area;
(b) the right to live, being to enter and remain on, camp and erect shelters and other structures for those purposes on the Determination Area;
(c) the right to:
(i) hunt, gather and fish for personal, domestic, cultural and noncommercial communal purposes;
(ii) take and use flora and fauna for personal, domestic, cultural and noncommercial communal purposes;
(iii) take, use, share and exchange the natural resources of each part of the Determination Area including soil, sand, clay, gravel, ochre, timber, charcoal, resin and stone for personal, domestic, cultural and non-commercial communal purposes;
(iv) light fires for domestic purposes but not for the clearance of vegetation;
(v) engage in cultural activities in the area, including the transmission of cultural heritage knowledge;
(vi) conduct and participate in ceremonies;
(vii) conduct burials and burial rites and other ceremonies in relation to death;
(viii) hold meetings;
(ix) visit, maintain and protect from physical harm, areas, places and sites of importance in each part of the Determination Area; and
(x) access, take, use, share and exchange water for personal, domestic, cultural or non-commercial communal purposes.
Bunuba Dawangarri Aboriginal Corporation RNTBC shall hold the native title in trust for the Bunuba People.