Mark Anderson on behalf of the Spinifex People v State of Western Australia  FCA 1717 (28 November 2000)
|Binomial Name: ||Federal Court of Australia|
|Date: ||28 November 2000|
|Sub Category:||Consent Determination (Native Title Act)|
|Place:||Central Desert Region|
|State/Country:||Western Australia, Australia|
|The Determination Area comprises those areas of land and waters in the State of Western Australia, including 55,000 square kilometres of land in the Great Victoria Desert along the South Australian border almost to the Northern Territory border. A description of the land boundaries is provided in the Federal Court document and reads as follows:
Commencing at the westernmost north western corner of Yowalga Location 7 as shown on Land Administration plan 20992 and extending east along the northernmost northern boundary of that location and east and south easterly along boundaries of Milyuga Location 20 to the Western Australian - South Australian Border; Then southerly along that border to latitude 29.500000 South; Then west to the south eastern corner of Delisser Location 9; Then west and north along boundaries of that location and north along the western boundary of Delisser 8 to the south western corner of Yowalga Location 7 and then generally northerly along boundaries of that location to the commencement point.|
|Legal Status: ||Registered on the National Native Title Register o|
|Legal Reference: ||Federal Court No: WG6043/98; National Native Title|
|Alternative Names:||Spinifex Determination|
|Subject Matter:||Native Title | Recognition of Native Title or Traditional Ownership|
|Summary Information: |
|Mark Anderson on behalf of the Spinifex People v State of Western Australia  FCA 1717
This case concerns a determination of native title reached by Mr Mark Anderson on behalf of the Pila Nguru People, a people who are also known as the Spinifex People. The respondents to the application are the State of Western Australia and the Shire of Laverton. The parties have reached an agreement which, among other things, recognises the pre-existing native title rights and interests of the Spinifex People.
Between: Mark Anderson on behalf of the Spinifex People (APPLICANTS) AND
State of Western Australia and Shire of Laverton (RESPONDENTS)
Judge: Black CJ
Where:Tjuntjuntjara, Great Victoria Desert, Central Desert Region, Western Australia.
Determination: Native title exists in the areas set out in paragraphs 3.1 and 3.2 of the Order as described in the Second Schedule.|
|Detailed Information: |
|The court determined by consent that the Pila Nguru People (otherwise known as the Spinifex People) held native title. The communal and groups rights that comprise native title were divided into two parts, Part A and Part B, in relation to two separate areas of land and water. In relation to the lands described in Part A, native title rights and interests conferred possession, occupation, use and enjoyment of the land to the exclusion of all others, while the land in Part B did not confer these rights and interests ‘to the exclusion of all others’. The particular rights and interests conferred were detailed by Chief Justice Black in the consent determination. The rights and interests of native title must operate in accordance with the traditional laws and customs of the Spinifex People and in accordance with the valid operation of the laws of the Commonwealth and the State of Western Australia. The native title is held by a corporate body (which at the time of the decision was yet to be nominated), the Pila Nguru Aboriginal Corporation, which undertakes the functions prescribed in the Native Title Act 1993.
The consent determination declared that no native title rights or interests existed in minerals and petroleum as defined in the Mining Act 1904, the Mining Act 1978, the Petroleum Act 1936 and the Petroleum Act 1967. As with the majority of consent determinations, the orders were made in respect of land that was either unallocated crown land, reserved land or land already held by, or for the benefit of, Aboriginal or Torres Strait Islander People.
There were a number of other rights and interests in the claim area that were recognised by the consent determination. They include the Great Victoria Desert Nature Reserve under the Land Administration Act 1997, which is vested in the National Parks and Nature Conservation Authority under the Conservation and Land Management Act 1984. A second reserve, which was created under the Land Administration Act 1997 and controlled and managed by the Aboriginal Lands Trust pursuant to the Aboriginal Affairs Authority Act 1972, was also recognised.
The consent determination also recognised the rights and interests of the Ngannyatjarra Land Council (Aboriginal Corporation) under a lease made with the Aboriginal Lands Trust, the Minister for Aboriginal Affairs, and the Aboriginal Affairs Planning Authority. The rights of members of the public to use Serpentine Lakes Road were also recognised, along with other rights and interests arising under common law. In addition, the Crown and the State of Western Australia also hold interests pursuant to any statute or valid executive or legislative act that was current at the date of this determination, specifically the Rights in Water and Irrigation Act 1914. The rights and interests of other parties prevail over the rights and interests of the native title holders when they cannot exist concurrently.|
|The determination recognises that native title exists over the whole area and gives the peoples exclusive possession of 85 per cent of it. The Spinifex group will share responsibility for the remaining 15 per cent of the area with the Western Australian Department of Conservation and Land Management.|