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Thudgari People v State of Western Australia [2009] FCA 1334 (18 November 2009) | | Binomial Name: | Federal Court of Australia | | | Date: | 18 November 2009 | | | Sub Category: | Consent Determination (Native Title Act) | | Place: | | | Subject Matter: | Native Title | | URL: | http://www.austlii.edu.au/au/cases/cth/FCA/2009/1334.html | | | Summary Information: | | | Between: Charlie Lapthorne, Wayne Lapthorne, Alice Moncrieff, Stewart Peck, Bella Randall, Ben Roberts, Warren Stanley Ryan and Peter Windie on behalf of the Thudgari People (APPLICANTS) and State of Western Australia, Bagden Pty Ltd, Bambi Pty Ltd, James Edward Dorrell, Loraine Patricia Dorrell, PR & SJ Grey (Glen Florrie Station), Gail Suzanne Hopkinson, Graeme Robert Hopkinson, K Biggs Enterprises Pty Ltd, Kanangra Grazing Pty Ltd, Lyndon Station Pty Ltd, Warren Clifford McKinnon, Moogooree Pty Ltd, Nanutarra Grazing Pty Ltd, Pindarra Pastoral Pty Ltd, Stamco Beef Pty Ltd, Three Corner Properties Pty Ltd, Williambury Station WA Pty Ltd, (Williambury Station), Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation, Telstra Corporation Ltd (RESPONDENTS)
Judge: Barker J
Where made: South Bore, Ullawarra Station, Western Australia
Determination:
Native title exists in parts of the determination area.
The Thudgari People are the native title holders.
The native title rights and interests that exist in the area are non-exclusive and include: the right to access the land and waters, the right to hunt, fish, gather, erect shelters, light fires, conduct cultural activities and protect important sites.
The non-native title interests that exist in the area include: the rights and interests in reserves, pastoral leases, mining tenements, petroleum interests, Telstra’s interests and the Crown’s interests.
| | Detailed Information: | | | The determination area extends to Mt Clement in the north, to Doolarrie Creek in the east and to Windealbulya Pool in the south in the state of Western Australia. In the west it begins 150 kilometres north east of Carnarvon.
The claim area covered 11,280 square kilometers, but it was found that native title continued to exist over only 10,500 square kilometers of that area. Within the determination area, native title is not recognised over Barlee Range Nature Reserve, some other reserves, roads and easements containing public works, due to extinguishment.
The native title rights and interests that exist in relation to the determination area are non-exclusive. They include accessing the land and water, camping, erecting shelters and lighting fires for domestic purposes. They also include taking flora, fauna and resources (other than minerals), taking and using water (excluding water captured or controlled by pastoral lease holders pursuant to such a lease), performing ceremonies and protecting particular sites of significance. People who are not native title holders but are spouses, parents or descendents may accompany native title holders on the land.
The non native title rights and interests that exist in relation to the determination area are reserves, pastoral leases, mining tenements, petroleum interests, access to mining and petroleum interests, the interests of Telstra and the rights and interests of the Crown.
14 Indigenous Land Use Agreements (ILUAs) have been negotiated between 14 separate pastoralists and the Thudgari people. These agreements establish the way in which the pastoralists and the native title holders will exercise the respective rights they have in relation to the land.
The Wyamba Aboriginal Corporation has been nominated to hold the native title land rights on trust for the Thudgari people.
Barker J found that the State of Western Australia had taken a real and significant interest in the proceedings, that the parties had the benefit of independent and competent legal representation in developing the agreement, that the terms of the agreement were clear and that the agreement had been produced as a result of negotiation. The Court, therefore, was able to make the consent determination.
The full text of the determination, along with the annexures and schedules is available at http://www.austlii.edu.au/au/cases/cth/FCA/2009/1334.html.
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