Stanley Mervyn, Adrian Young, Livingston West and Others, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors (Unreported, Federal Court of Australia, 3 June 2008, French J)
|Binomial Name: ||Federal Court of Australia|
|Date: ||3 June 2008|
|Sub Category:||Consent Determination (Native Title Act)|
|State/Country:||Western Australia, Australia|
|The determination area is described in Schedule 1.|
|Legal Status: ||Registered on the National Native Title Register (of native title determinations). |
|Legal Reference: ||National Native Tribunal file no.: WC04/3;
Federal Court no.: WAD6004/2004|
|Alternative Names:||Ngaanyatjarra Lands (Part B)|
|Subject Matter:||Native Title|
|Summary Information: |
|Stanley Mervyn, Adrian Young, Livingston West and Others, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors (Unreported, Federal Court of Australia, 3 June 2008, French J)
Between: Stanley Mervyn, Adrian Young, Livingston West, Andrew Watson, Fred Ward, Grant Frazer and Phillip West on behalf of the Peoples of the Ngaanyatjarra Lands (APPLICANTS)
The State of Western Australia and the Shire of Laverton (RESPONDENTS)
Judge: French J
Where Made: Perth, Western Australia
Native title exists in the entire determination area. Native title holders possess exclusive rights over most of the country, located in the Central Desert of Western Australia, and non-exclusive rights over the Warburton Range Stock Route.
|Detailed Information: |
This consent determination is the second and final of two determinations over the Ngaanyatjarra Lands. The first consent determination was completed in June 2005 over 167,756 square kilometres (see link below). This second determination finalises native title over the remaining 1,428 square kilometres. A Ministerial Media Statement describes this as the ‘largest determined native title area in Australia.’
The determination finalises two applications: the Ngaanyatjarra Lands Application (WAD 6004 of 2004) and the Tjirrkarli Kanpa Application (WAD 6103 of 1998), the latter of which was discontinued.
Native Title Rights and Interests
The determination area is described in Schedule 1, and the native title holders are described in Schedule 3. Native title holders are entitled to possession, occupation, use and enjoyment of the majority of the determination area to the exclusion of all others. However, rights to water are non-exclusive, consisting of the right to take flowing and subterranean water for personal, domestic or non-commercial communal purposes.
Native title has been partially extinguished over the Warburton Range Stock Route. Accordingly, native title rights and interests over this area include the right to:
enter and remain;
take flora and fauna;
take water for personal, domestic or non-commercial communal use;
take other natural resources such as ochre, stones, soils, wood and resin; and,
care for and protect sacred sites.
Native title rights and interests do not override other rights and interests not consistent with native title rights, and exclude any rights to minerals and petroleum. In addition, public works are excluded from the determination area (Schedule 2).
The rights and interests of other stake holders are preserved. These include the rights and interests of:
persons who care for, control and manage the Warburton Range Stock Route;
the Aboriginal Lands Trust (lessee) over a special purpose lease for the ‘Use and Benefit of Aboriginal Inhabitants’, including a sub-lease to the Ngaanyatjarra Land Council;
Encounter Resources Ltd, over an exploration licence, including road access as necessary for the purposes of exercising rights under the licence;
the Shire of Laverton, including the maintenance of roads within the determination area;
the commonwealth and state governments; and,
the public to use any road over which the public has a right of way, as at the date of the determination (including David Carnegie Road).