Sturt on behalf of the Jaru Native Title Claim v State of Western Australia [2018] FCA 1923

East Kimberley Region

The determination area covers approximately 28,915 sq kms of land and waters generally south of Halls Creek, and another area located northeast of Halls Creek. 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 Halls Creek Shire Council.

Registered on the National Native Title Register

Between: Barbara Sturt and others named in the schedule of parties (Applicant) and State of Western Australia (Respondents)

Judge: Mortimer 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

Native title is held by the Jaru People.

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

The areas where exclusive native title exists are described in Schedule 3 and are generally shown as green on the maps in Schedule 2.

This is the right to possession, occupation, use, and enjoyment of the area, described in the Extract, as against the whole world.

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

These rights and interests exist over the area described in Schedule 4 (attached below) and include the right to:

• access and remain in the areas, including erecting temporary structures and lighting controlled contained fires that are not for clearing vegetation;
• access and take resources for any purpose, but not water controlled by other landholders;
• protect places, areas, and sites of traditional significance; and
• be accompanied onto the area by any person who is not a native title holder, but who is invited according to traditional law and custom.

Other (non-native title) rights and interests in the determination area

The areas where non-exclusive native title exists are described in Schedule 4. These other rights and interests are held under:

• Pastoral Leases (Nicholson, Ruby Plains, Sturt Reek, Flora Valley, Gordon Downs, Sophie Downs, Elvire, Koongie Park, Lamboo) and part of Pastoral Leases (Larrawa, Yougawalla, Margaret River, and Burks Park);
• two general leases for the purpose of use and benefit of Aboriginal Inhabitants;
• ten Reserves; and
• the Mining Act 1978 (WA);

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

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

The Jaru 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 Jaru people.

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

Details of Judgment

The land tenure of the application is largely made up of large reserves, pastoral leases, and unallocated Crown land.

The Court Notes include the statement that the third pastoralist respondents negotiated agreements that, following this determination taking effect, are to be executed and applied for registration as Indigenous land use agreements (ILUAs). 

The Jaru people are comprised of members from numerous clan groups. Members of the group were drawn from the Bilinyana Jaru, Yudu, Warl Jaruand Nynin Jaru people [10].

Most Jaru people continued to live in, or close to, the determination area, and have through working on pastoral stations, have maintained a close connection with their country [78]. Justice Mortimer accepted that the evidence showed the Jaru have an obligation to protect all sites of spiritual significcance [73].

Through negotiation, the parties reached an agreement in regard to native title in the determination area. The parties' agreement was coherent with s 87 of the Native Title Act 1993 (Cth) and Mortimer J was satisfied that a legitimate agreement had been reached and was able to make the determination.

Native title exists in part of the determination area.

Related Entries

Documents

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