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Hobbs v State of Western Australia [2019] FCA 1255

Category: Agreement
Binomial Name: Federal Court of Australia
Sub Category:Consent Determination (Native Title Act)
Place:

The Kimberley Region

State/Country:Western Australia , Australia
The determination area is comprised of 5 separate areas of unallocated Crown land in the Great Sandy Desert. For a detailed description of the area and maps see Schedules 1 and 2 of the determination, attached below under documents. The area is within the jurisdiction of the Shire of Broome, Shire of Derby/ West Kimberley, Shire of East Pilbara and Shire of Halls Creek. 
Legal Status:

Registered with the National Native Title Tribunal on the Native Title Register 9 August 2019. 

Legal Reference: Federal Court file no.: WAD327/2018; National Native Title Tribunal file no.: WCD2019/009
Alternative Names:
  • Ngurra D1
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/1255.html?context=1;query=Hobbs%20v%20State%20of%20Western%20Australia%20;mask_path=
    Summary Information:

    Between: Hobbs (Applicant) and State of Western Australia (Respondent) 

    Judge: Perry J

    Determination

    Native title exists in all of the determination area

    It consists of exclusive native title rights and interests.

    Native title holders

    The Yi-Martuwarra Ngurrara People

    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 3, to the exclusion of all others.

    The native title rights exist in accordance with the laws of the State and the Commonwealth and are subject to the Petroleum and Geothermal Energy Resources Act 1967 (WA) [6]-[7]. 

    Native title rights in relation to water are those as defined in the Rights in Water and Irrigation Act 1914 (WA) and is the right to take, use and enjoy water [8]. 

    Other rights and interests in the determination area include:

    • Those granted by the Crown or the State of Western Australia such as licences and permits 
    • Those operating by reason of the law of the Commonwealth or State of Western Australia, including those under the Rights in Water and Irrigation Act 1914 (WA) 

    See Schedule 5 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 Yanunijarra 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 Yi-Martuwarra Ngurrara People. 

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

    Detailed Information:

    Background

    The application was filed on 19 July 2018 with the determination area comprising 5 areas of Crown land [14]. As the 5 areas overlapped with an exiting application, Yi-Martuwarra (Part B) WAD 25 of 2012, the parties submitted to have that application dismissed once the Ngurrara D1 determination was made to which the Court agreed [15]. This application was the sixth consent determination made over Ngurrara country [4]. 

    Details of Judgment

    The Court was satisfied in making the determination under section 87 of the Native Title Act 1993 (Cth) as both parties had been legally represented, the state had played and active role in negotiations and were satisfied that connection with land had been maintained, as well as conducting registries of other possible interests in the determination area [34]. 

    Both parties and the Court accepted that the Ngurrara people shared a cultural identity and observed a set of customs and traditions and that through their ongoing observance of such customs that a continued connection to the land had been maintained [18-21]. 

    The Court was satisfied that the requirements under the Native Title Act 1993 (Cth) had been met and that the the consent determination was appropriate [7]. Justice Perry noted that 'there are many elders of the Ngurrara people who have not lived to see this and earlier consent determinations made, although their contribution to the recognition of the Ngurrara's people native title rights and in their country under the NTA should be acknowledged and remembered' [5]. 

    Outcomes:

    Native title in exists in the entire determination area.


    Related Entries

    Organisation
  • National Native Title Tribunal
  • State of Western Australia - Respondent
  • Yanunijarra Aboriginal Corporation RNTBC
  • Shire of Derby-West Kimberley
  • Shire of East Pilbara
  • Shire of Halls Creek
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Rights in Water and Irrigation Act 1914 (WA)
  • Petroleum and Geothermal Energy Resources Act 1967 (WA)
  • People
  • Yi-Martuwarra Ngurrara People - Native Title Claimant
  • Malachy Hobbs and others - Native Title Applicant

  • Documents

    Document
    Extract from the Native Title Register for WCD 2019/ 009 as at 19/03/2021 - ( PDF)
    Schedule Two- Maps of the Determination Area from the Native Title Register for WCD2019/ 009 as at 19/03/2021 - ( PDF)
    Schedule One- Determination Area from the Native Title Register for WCD 2019/009 as at 19/03/2021 - ( PDF)
    Schedule Three- Exclusive Native Title Areas from the Native Title Register for WCD 2019/ 009 as at 19/03/2021 - ( PDF)
    Schedule 5- Other Interests from the Native Title Register for WCD 2019/009 as at 19/03/2021 - ( 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)

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