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. This application represents Part B of WAD 6133 of 1998 (Bunuba Part B) and applies to:
a portion of Brooking Springs Pastoral Lease N050174 (formerly 3114/573, Crown Lease 865/1967)
a portion of Reserve 31107, Lot 341 on Deposited Plan 52596 (Windjana Gorge National Park)
portions of Lot 341 on Deposited Plan 52596 (formerly part of Reserve 17206 for the purpose of Stock Route and Pastoral Lease 702/98 abutting Reserve 31107) and
a portion of Pastoral Lease N050221 (previously Fossil Downs Pastoral Lease 3114/1248).
The respondent parties to Bunuba Part B are the State of Western Australia and Kenneth Andrew Vivian (as Executor for Estate of Jillian Mary Jenyns) of Brooking Springs Station.
Bunuba Part B is a combination of twelve applications lodged with the National Native Title Tribunal between 1996 and 1998, and consolidated by orders of the Court on 17 August 1999. It covers the remaining portions of land that were excluded from the Part A determination of Bunuba Part A, Wurrunmurra v State of Western Australia [2012] FCA 1399.
A further two native title applications were determined in favour of the Bunuba People on this occasion: WAD 94 of 2012 (Bunuba #2) and WAD 95 of 2013 (Bunuba #3).
Mr Vivian of Brooking Springs Station agreed to the terms of the Determination on the basis of having reached agreement with the Bunuba People in relation to those portions of the Brooking Springs pastoral lease that are located within the Determination Area That agreement will be executed and an application will be made for it to be registered as an Indigenous Land Use Agreement.
Rights and Interests recognised
The non-exclusive rights and interests recognised in relation to each part of the Determination Area referred to in Schedule 3 include the right to access and move freely through and within each part of the area and the right to live being to enter and remain on, camp and erect shelters and other structures for those purposes, as well as rights to hunt, fish, take flora and fauna and light fires for personal, domestic, cultural and non‑commercial communal purposes and engage in cultural activities on the determination area.
The Bunuba Dawangarri Aboriginal Corporation holds the rights and interests comprising the native title in trust for the common law holders and performs the functions given to it as a registered native title body corporate.