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Tex on behalf of the Lappi Lappi and Ngulupi Claim Group v State of Western Australia [2018] FCA 1591

Category: Agreement
Date: 24 October 2018
Sub Category:Consent Determination (Native Title Act)
Place:

North of Lake Mackay

State/Country:Western Australia, Australia
The determination area is located in the Pilbara Region in Western Australia. It consists of all of the lands and waters commencing at the intersection of a southern boundary of Native Title Determination WAD160/1997 Tjurabalan People (WCD2001/001) with the Western Australian - Northern Territory Border at Latitude 20.436899 South and extending southerly along that border to the intersection with a northeastern boundary of Native Title Determination WAD357/2006 Ngururrpa People (WCD2007/004) at Latitude 21.866667 South; Then northwesterly and generally northerly along boundaries of that native title determination to the intersection with a southern boundary of Native Title Determination WAD160/1997 Tjurabalan People (WCD2001/001); Then generally easterly along the southern boundaries of that native title determination back to the commencement point. For a detailed description of the area and maps see Schedule 1 of the determination, attached below under documents. The area is within the jurisdiction of the Shire Of East Pilbara and the Shire Of Halls Creek.
Legal Status:

Registered with the National Native Title Tribunal on the Native Title Register 24 October 2018.

Legal Reference: Federal Court file no.: WAD48/2018; National Native Title Tribunal file no.: WCD2018/010
Alternative Names:
  • Lappi Lappi and Ngulupi
  • Tex on behalf of the Lappi Lappi and Ngulupi Claim Group v State of Western Australia
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2018/1591.html
    Summary Information:

    Between: Tex on behalf of the Lappi Lappi and Ngulupi Claim Group (Applicant) and the State of Western Australia (Respondent)

    Judge: Barker J

    Determination

    Native title exists in the entire determination area

    It consists of exclusive native title rights and interests.

    Native title holders

    Native title is held by those persons who (a) hold native title rights and interests in part or all of the determination area according to traditional laws and customs, through various pathways listed in the NNTR Extract; AND (b) are recognised under traditional laws and customs by other native title holders as having rights and interests in part or all of the determination area.

    This includes the descendants of any of the following persons: (a) Banjo Tjungarrayi; (b) NyuntjuTjampijinpa; (c) Porky Darkie, Mirlkiya and Patarrs; (d) Katangiinyi; (e) Tjitjirri and Nyutinka; (f) Wipulyulyu, Bokoboko and Pampatu; (g) Partuta / Arthur Tjapanangka; and (h) TjitiTjiti/Mickey Tjupurrula.

    Exclusive native title rights and interests over all of the determination area

    This
    is the right to possession, occupation, use, and enjoyment of the area,
    described in Schedule 1, to the exclusion
    of all others.

    Non-native title rights and interests in the determination area include:

    • The interests of persons who have the care, control and management of some reserves, and the interests of persons entitled to access and use those reserves for the respective  purposes  for  which  they  are  reserved;
    • Rights and interests, including licences and permissions, held under valid or validated grants from the Crown;
    • Rights and interests which are valid by reason of the force and operation of the laws of the State or of the Commonwealth.
    • The right to access, the determination area by an employee, agent or instrumentality of: (a) the State; (b) the Commonwealth; or (c) any local government authority. This right is granted where access is required in the performance of his or her statutory or common law duty where such access would be permitted to private land.

    See
    Schedule 3 for further information about
    the non-native title rights and interests.

    In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title

    The Rapi Aboriginal Corporation Registered Native Title Body
    Corporate (RNTBC) is the prescribed body corporate. It performs the
    functions required under the Native Title Act 1993 (Cth) and holds the native title in trust for the Lappi Lappi and Ngulupi Claim Group.

    Full text of the determination is available via the URL link above.

    Detailed Information:

    Background

    The Lappi Lappi and Ngulupi application was first filed on 15 February 2018 pursuant to s 61 of the Native Title Act 1993 (Cth), and was entered on the Register of Native Title Claims on 24 April 2018.

    The outcome of the consent determination was celebrated by the Lappi Lappi and Ngulpi people, and recognised the claim to approximately 6,072 square kilometres of land (NIAA, 2018). Minister for Indigenous Affairs Nigel Scullion welcomed the historic determination and congratulated the area's traditional owners on gaining legal acknowledgement of the land (NIAA, 2018).


    Details of Judgment

    The parties reached agreement as to the terms of the determination
    which was to be made in relation to the land and waters covered by the
    application. They requested that the Court hear and determine this
    proceeding in
    accordance with their agreement.

    The Court was satisfied that it would be appropriate and within its power to recognise the native title holders for the determined area.


    Related Entries

    Organisation
  • National Native Title Tribunal
  • State of Western Australia - Respondent
  • Shire of East Pilbara
  • Shire of Halls Creek
  • Rapi (Aboriginal Corporation) RNTBC
  • Central Desert Native Title Services Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Petroleum Act 1936 (WA)
  • Land Act 1933 (WA)
  • Rights in Water and Irrigation Act 1914 (WA)
  • Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) ('WA Titles Act')
  • Mining Act 1978 (WA)
  • Mining Act 1904 (WA)
  • Petroleum and Geothermal Energy Resources Act 1967 (WA)
  • People
  • Tex on behalf of the Lappi Lappi and Ngulupi Claim Group - Native Title Applicant
  • Ngulupi People - Native Title Claimant
  • Lappi Lappi People - Native Title Claimant

  • References

    General Reference
    NIAA Minister Scullion: Lappi Lappi and Ngulupi people celebrate native title milestone

    Documents

    Document
    National Native Title Tribunal Extract from the Native Title Applications, Registration Decisions and Determinations Register for WCD2018/010 as at 24/10/2018 (Lappi Lappi and Ngulupi) - ( PDF | PDF | PDF | PDF | PDF | PDF)

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