Barker J
In this matter, Barker J made orders by consent recognising the native title rights and interests of the Balanggarra People in relation to land and waters covering approximately 43.1 square kilometres near the Shire of Wyndham East Kimberley, Western Australia. The claim was first filed on 29 May 2013. The respondent in this case was the State of Western Australian.
The Court noted, at [14], that the Balanggarra people have been determined as native title holders in previous proceedings including Ward & Ors v Western Australia & Ors (1998) 159 ALR 483; [1998] FCA 1478 where findings were made following a contested hearing that the Balang[g]arra people and the Miriuwung and Gajerrong people with separate and distinct laws and customs concurrently hold native title rights and interests in the area known as Boorroonoong (Lacrosse Island).
Rights and Interests recognised
Exclusive native title rights and interests are recognised in the area of land generally shown as shaded green on the maps at Attachment 1 to Schedule One including Adolphus Island above the high water mark and unallocated Crown land.
Non-exclusive native title rights and interests recognised, including in relation to the intertidal area, are:
(a) the right to enter, travel over and remain on the area;
(b) the right to camp on the area including erecting shelters and other structures for that purpose;
(c) the right to hunt, fish, gather and use (including by way of sharing or exchange) the resources of the area for personal, domestic and communal needs including, but not limited to, cultural or spiritual needs but not for commercial purposes;
(d) the right to light fires for domestic purposes;
(e) the right to take and use water from the area; and
(f) the right to engage in cultural activities on the area including:
(i) visiting places of cultural or spiritual importance and protecting those places by carrying out lawful activities to preserve their physical or spiritual integrity;
(ii) conducting and participating in ritual; and
(iii) passing on knowledge about the physical and spiritual attributes of the determination area and areas of importance on or in the determination area.
Balanggarra Aboriginal Corporation is to be the prescribed body corporate which holds the native title in trust for the common law holders.