Wiggan on behalf of the Mayala People v State of Western Australia [2018] FCA 1485 (Mayala People)

Buccaneer Archipelago, West Kimberley

Registered with the National Native Title Tribunal on the Native Title Register 25 June 2019.

Between: Valarie Wiggan, Max Ejai, Janella Isaac, and Vincent McKenzie on Behalf of the Mayala People (Applicant) and State of Western Australia, Commonwealth of Australia, Shire of Derby/West Kimberley, Maxima Pearling Co Pty Ltd, and Clipper Pearls Pty Limited (Respondents)

Judge: Barker 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 Mayala People

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

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

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

These rights exist over the area described in Schedule Three and include the rights to:

• access, remain on, and use that area;
• take the resources in that area; and
• protect places, areas, and things of traditional significance in that area.
  

Other rights and interests in the determination area include:

• the rights and interests of people relating to Reserve 30674 including valid leases, people entitled to access the reserve, and those who are to care for and manage the reserve;
• the rights and interests of people relating to Camden Sound Marine Park including people entitled to access and use the park, and those who are
  to care for and manage the park.
• the rights and interests of the holders of specified mining and petroleum interests.
• the rights and interests of the Commonwealth of Australia relating to the Kimberley Commonwealth Marine Reserve pursuant to legislation.
  
• the rights and interests granted by the State or Commonwealth under statute or in exercising executive power.
• the rights and interests held due to the operation of state or federal laws.
• the rights and interests of the Australian Maritime Safety Authority as owner, manager, or operator of aids to navigation under the Navigation Act 2012 (Cth).
• the rights and interests of the Australian Fisheries Management Authority relating to plans of management made under the Fisheries Management Act 1991 (Cth)
• the public right to fish, and the public right to navigate
• The international right of innocent passage through the territorial sea
• the right to access the area by those acting on behalf of the State, Commonwealth, or any local government authority as required to perform their statutory or common law duties; and
• any existing public access to and enjoyment of: waterways, beds and banks of waterways, coastal waters, beaches, and areas that were public places at the end of 31 December 1993.
  

See Schedule Six 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 Mayala Inninalang 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 acts as agent for the Mayala People.

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

Background

The Mayala Application was initially lodged on 1 July 1988. However, over the ensuing years the application was amended by order of the Court on 22 April 1999, 14 October 2004, 14 July 2005, and 1 May 2018.

It was after the last amendment, changing the name of the applicant and application, that the parties asked the Court to make orders under s 87 of the Native Title Act 1993 (Cth) in accordance with the agreed terms of the consenting parties.

Details of Judgment

The Court found that the requirements under s 87 were satisfied and made orders to give effect to the agreement between the applicants and the respondents.

Native title exists in parts of the determination area

Related Entries

Documents

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