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Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465 | ||
| Binomial Name: | Federal Court of Australia | |
| Date: | 7 December 2017 | |
| Sub Category: | Consent Determination (Native Title Act) | |
| Place: | Little Sandy Desert | |
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| State/Country: | Western Australia, Australia | |
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| The relevant area is located in the western perimeter of the Little Sandy Desert, south of Newman and northwest of Wiluna in Western Australia. For a detailed description of the area and maps see Schedule 6 of the determination, attached below under documents. The area is within the jurisdiction of the Shire of Meekatharra and the Shire of Wiluna Councils. | ||
| Legal Status: | Registered with the National Native Title Tribunal on the Native Title Register 07/12/2017. | |
| Legal Reference: | Federal Court file no.: WAD6002/2003; National Native Title Tribunal file no.: WCD2017/011 | |
| Alternative Names: | ||
| Subject Matter: | Native Title | |
| URL: | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2017/1465.html?context=1;query=gingirana;mask_path= | |
| Summary Information: | ||
Between: Miriam Atkins, Grace Ellery, Robert Hill, Stan Hill, Darryl Jones, Timmy Paterson and Slim Williams on behalf of the Gingirana People (Applicant) and State of Western Australia, Yamatji Marlpa Aboriginal Corporation and Telstra Corporation Limited (Respondents) and Attorney-General of the Commonwealth of Australia (Intervener) Judge: Barker J Determination Native title exists in the entire of the determination area It consists of exclusive and non-exclusive native title rights and interests. Native title holders The Gingirana People Exclusive native title rights and interests over part of the determination area The right to possession, occupation, use, and enjoyment of the areas UCL 1, UCL 3 and UCL 4, marked in green and described in Schedule 6, to the exclusion of all others. Non-exclusive native title rights and interests over all of the determination area include the right to:
Non-native title rights and interests in the determination area include: Other rights and interests in the area, as described in Schedule 4, include those created in relation to:
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title
Full text of the determination is available via the URL link above. | ||
| Detailed Information: | ||
Background The Gingirana application was first filed on 9 May 2003. It was amended three times on 10 June 2003, on 10 March 2006 and finally on 23 July 2013. The court recognised the Gingirana claimant's ongoing connection with approximately 12,153 square kilometers of land located in the western perimeter of the Little Sandy Desert in Western Australia. Senator the Hon. Nigel Scullion (Minister for Indigenous Affairs) and Ms Melissa Price (Member for Durack) issued a joint media release on 7 December 2017 recognising the significance of the Native Title determination for the Gingirana people. Details of Judgment The parties reached agreement as to the terms of the determination of native title pursuant to s 87 of the Native Title Act. Based on the evidence submitted by the applicant, the court was satisfied that they had maintained a connection with the land since sovereignty and would have an ongoing connection with land in the future. The court was satisfied that the determination was both within power and appropriate. | ||
| Outcomes: | ||
Native title exists in all of the determination area. | ||
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