printable versionPrint this page

Manolis on behalf of the Yawuru Community v State of Western Australia [2019] FCA 1781

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 4 November 2019
Sub Category:Consent Determination (Native Title Act)
Place:Kimberley region, east of Broome.
State/Country:Western Australia , Australia
The determination area comprises unallocated Crown land and Reserves east of Broome. For a detailed description of the area and maps see Schedule 2 of the determination, attached below under documents. The area is within the jurisdiction of the Shire of Broome.
Legal Status:

Registered with the National Native Title Tribunal on the Native Title Register 4/11/2019

Legal Reference: Federal Court file no.: WCD2019/013; National Native Title Tribunal file no.: WCD2019/013
Alternative Names:
  • Edarrbur (Rubibi #18)
  • Subject Matter:Native Title
    URL: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/1781.html?context=1;query=Manolis%20;mask_path=
    Summary Information:

    Between: Mark Manolis & Ors on behalf of the Yawuru Community (Applicant) and State of Western Australia (Respondent)

    Judge: O'Bryan J

    Determination

    Native title exists in parts of the determination area

    It consists of exclusive and non-exclusive native title rights and interests.

    Native title holders

    The Yawuru Community.

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

    Exclusive native title rights and interests are recognised over the six areas of unallocated Crown land as described in Schedule 4 and depicted in Schedule 2. This is the right to possession, occupation, use, and enjoyment of the area to the exclusion of all others. 

    The right to take flowing and subterranean water for personal, domestic or non-commercial purposes in this area are non-exclusive rights.

    Non-exclusive native title rights and interests over part of the determination area

    These rights exist over the reserve areas described in Schedule 5 and include:

    • the right to live on the land;
    • the right to access, move about in and on and use the land and waters;
    • the right to hunt and gather on the land and waters for personal, domestic or non-commercial communal purposes (including social, cultural, religious and spiritual and ceremonial purposes);
    • the right to engage in spiritual and cultural activities on the land and waters;
    • the right to access, use and take any of the resources of the land and waters (including ochre) for personal, domestic or non-commercial communal purposes (including social, cultural, religious, spiritual and ceremonial purposes); and
    • the right to care for and maintain and protect the land and waters, including places of spiritual or cultural significance;

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

    • existing petroleum interests under the Petroleum and Geothermal Energy Resources Act 1967 (WA) and the Petroleum Pipelines Act 1969 (WA);
    • existing interests under the Mining Act 1978 (WA);
    • the interests of holders of tenements under the Petroleum and Geothermal Energy Resources Act 1967 (WA), Petroleum Pipelines Act 1969 (WA) and Mining Act 1978 (WA);
    • the interests of holders of any other rights and interests granted by the Crown;
    • rights and interests held by reason of the force and operation of the laws of the State or Commonwealth;
    • the right of employees or agents of the State Government, Commonwealth Government and local government authority to access land;
    • the rights and interests of Telstra Corporation Limited; and
    • any other legal or equitable estate or interest in land or waters.

    See Schedule 7 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 Yawuru Native Title Holders Aboriginal Corporation (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 Yawuru Community.

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

    Detailed Information:

    Background

    The Yawuru Community's native title claim began in 1994. An intra-communal dispute and disputes between the Yawuru Community and the State of Western Australia involved over ten years of litigation. The Yawuru community were largely successful in their related native title applications and succeeded in whole, or in part, over 4900 sq km of traditional country [8].

    The Edarrburr (Rubibi #18) application was made concerning land surrounded by the Roebuck Plains Pastoral Lease area which was determined to be subject to native title in 2006 (WAD6006/1998). The Roebuck Plains Pastoral Lease application arose from eight native title claims that were combined by order of the court in 1999 [5].

    Yawuru man, Senator Patrick Dodson, states that the areas have high cultural, economic and social value for the Yawuru People, with a series of freshwater places (jilas) Yawuru people have always used for stopping places including [12]:

    • Yiddar/Lake Eda;
    • Cockle Well;
    • Government Cow;
    • Chain Pump Bore/Sheep Camp
    • Barley Springs;
    • Loomingum Well;
    • Deep Creek and Collins Lagoon; and
    • Taylor's Lagoon and Yulleroo.

    Details of Judgment

    The [Rubibi #18] application was filed with the Court on 11 November 2015. The
    parties reached an agreement on the terms of a native title
    determination to recognise the native title rights and interests held by
    the Yawuru Community.

    Due to the substantial amount of evidence presented in the previous determinations, the parties agreed that the
    formulation of the rights and interests, the description of native title
    holders and the nature and extent of other interests be adopted in the
    resolution of this application.

    As a result, the State accepted
    that s 47B of the Native Title Act 1993 (Cth) applied to the six areas of
    unallocated Crown land so that exclusive native title could be recognised [10]. In the same way, the State  accepted that non-exclusive native title applied to the eight
    reserves included in the application. The parties' submissions record that
    knowledge of country remains strong within the Yawuru Community and
    transmission of sacred and practical knowledge continues through to the
    present day [14].

    Ultimately, the Court was satisfied that the conditions of native title were
    met and that a determination of native title was within the power of the
    court.

    Outcomes:

    Native title exists in part of the determination area


    Related Entries

    Organisation
  • Yawuru Native Title Holders Aboriginal Corporation RNTBC
  • State of Western Australia - Respondent
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Petroleum and Geothermal Energy Resources Act 1967 (WA)
  • Petroleum Pipelines Act 1969 (WA)
  • Mining Act 1978 (WA)
  • People
  • Yawuru People - Native Title Claimant
  • Mark Manolis & Ors on behalf of the Yawuru Community - Native Title Applicant

  • References

    Publication
    Roebuck Plains Station

    Documents

    Document
    Extract from the National Native Title Register for WCD2019/013 as at 20/01/20 Edarrbur (Rubibi #18) (on behalf of the Yawuru Community) - ( PDF | PDF | PDF | PDF | PDF | PDF | PDF)

    Glossary

    Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Aboriginal and Torres Strait Islander (Australia) | Applicant | Respondent | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Aboriginal Corporation (Australia) | Native Title Applicants | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Representative Body (NTRB) (Australia)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey