Hughes (on behalf of the Eastern Guruma People) v State of Western Australia  FCA 365
|Federal Court of Australia
|1 March 2007
|Consent Determination (Native Title Act)
|Western Australia, Australia
|Registered on the National Native Title Tribunal Register
|Federal Court File no. WAD6208/98; National Native Title Tribunal File no. WC97/89
|Muntulgura Guruma (Part A)
|Access | Cultural Heritage | Fishing | Land Use | Native Title | Pastoral Activities | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
|Hughes (on behalf of the Eastern Guruma People) v State of Western Australia  FCA 365
Between: Nelson Hughes, Peter Stevens and Eva Connors on behalf Of The Eastern Guruma People (APPLICANT)
The State Of Western Australia (FIRST RESPONDENT)
Coolawanyah Pastoral Co Pty Ltd (Coolawanyah Station)
Richardson Tr (Mt Florance Station)
Rocklea Station Pty Ltd (SECOND RESPONDENT)
Shire Of Ashburton (THIRD RESPONDENT)
Nicholas Cooke and Alice Smith on behalf of the Innawonga and Bunjima Peoples (FOURTH RESPONDENT)
Hamersley Exploration Pty Ltd
Hamersley Iron Pty Ltd
Hamersley Resources Ltd
Robe River Mining Co Pty Ltd
Telstra Corporation Limited (SIXTH RESPONDENT)
Judge: BENNETT J
Where: Kings Lake, Tom Price Township
Determination: Native title exists over the claim area, with the exception of the area surrounding the Tom Price township. Negotiations regarding this area are to be entered into at a later date.
|The Eastern Guruma application commenced in October of 1997, and covers an area of approximately 8,700 square kilometres of land in the Eastern Pilbara region of Western Australia. It represents the first native title claim settled by consent in the Pilbara region.
The agreement states that the rights and interests to be exercised by the Eastern Guruma are non-exclusive rights to:
a. ‘enter and remain on the land, camp, erect temporary shelters, and travel over and visit any part of the land and waters;
b. hunt, fish and gather or take and to use, share and exchange the resources of the land and waters such as food, water and medicinal plants and trees, timber, charcoal, ochre, stone and other traditional resources;
c. engage in ritual and ceremony on and in relation to the land and waters; and
d. care for and maintain and protect from physical harm, particular objects, sites and areas of significance to the native title holders.’(at para 4)
These rights and interests do not include the right to possession, occupation, use and enjoyment to the exclusion of all others, nor a right to control the access of others to the land (para 4). As such, rights and interests enjoyed by other land users are not affected by the determination (para 7).
The native title is to be held on trust. The prescribed body corporate is the Wintari Guruma Aboriginal Corporation.