Wilfred Goonack, Pudja Barunga, Albert Bundamarra, William Bunjuck, Benedict Cheinmora, Basil Djanghara, John Goonack, Jack Karadada, Louis Karadada, Sylvester Mangolamara, Margaret Mouda, Ludivina Undulghumen, Placid Undulghumen, Cecilia Waina and Dianna Williams
State Of Western Australia (FIRST RESPONDENT)
WA Seafood Exporters And Western Australian Fishing Industry Council (Inc) (SECOND RESPONDENTS)
Commonwealth of Australia (THIRD RESPONDENT)
Paspaley Pearling Company Pty Ltd, Pearls Pty Ltd and The Australian South Sea Pearl Company Pty Ltd (NINTH RESPONDENTS)
Judge: Gilmour J
Where made: Garmbemirri
Native title exists in parts of the determination area. It consists of exclusive rights and interests over some portions of the determination area and non-exclusive native title rights and interests over others.
Native title is held by members of the Wanjina-Wunggurr Community.
Exclusive Native Title Rights
The parties have exclusive native title rights to possession, occupation, use and enjoyment of land to the exclusion of all others over land described in Schedules 2, 3 and 4 of the judgment.
Non-Exclusive Native Title Rights
Non-exclusive native title rights and interests that exist over land in the determination area include:
- the right to enter, travel over and remain on the land;
- the right to live and camp on the land (including erecting shelters and other structures for those purposes);
- the right to hunt, fish, gather and use the resources of the land;
- the right to light fires for domestic purposes;
- the right to take and use water from the land; and
- the right to engage in cultural activities on the land including (i) visiting places of cultural significance and protecting those places; (ii) conducting ceremonies and rituals; (iii) holding meetings; (iv) participating in cultural practices relating to birth and death; (v) passing on knowledge about the physical and spiritual attributes of the Determination Area; and (vi) maintaining places and areas of importance.
Non-exclusive native title rights and interests that exist over intertidal areas in the determination area include:
- all of the rights described in relation to land; and
- the right to take and use water from the Intertidal Area.
Non-exclusive native title rights and interests that exist over waters in the determination area include:
- the right to enter, travel over and remain on the area;
- the right to hunt, fish, gather and use the resources of the land; and
- the right to take and use water.
These rights do not confer exclusive rights of possession, use and enjoyment of the land or waters. Similarly, they do not confer a right to control access to the determination area. They also do not allow for commercial use of the determination area.
Non-native title rights and interests that exist within the determination area are listed in detail at Schedule 5 of the judgment.
These rights can be summarised as:
- various reserves;
- various mining tenements including mining leases and exploration licences;
- rights existing under the Alumina Refinery (Mitchell Plateau) Agreement Act 1971 (WA);
- rights granted by the State of Western Australia or the Commonwealth;
- rights held under any law of the State of the Commonwealth;
- Public rights and interests including the right to fish on, navigate through or use any road in the determination area;
- public rights of access to waterways, beaches and stock routes.
Where native title rights and non-native title rights are inconsistent, native title rights will not be extinguished but will have no effect on the exercise of non-native title rights.
Provisions Relevant to Both Exclusive and Non-Exclusive Native Title Rights
Native title does not exist over:
- minerals, petroleum, geothermal energy or water captured by holders of non-native title rights and interests.
The Wanjina-Wunggurr (Native Title) Aboriginal Corporation RNTBC is the prescribed body corporate nominated to hold the native title on trust for the native title claimants/holders.