| Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545
Between:
JOHN WATSON, ANTHONY WATSON, CYRIL ARCHER, ROSITA SHAW, RONA CHARLES, ANNIE MILGIN, DAVID BANJO, HARRY WATSON, JOE GREEN & ROBERT WATSON (applicant);
and
STATE OF WESTERN AUSTRALIA, THE COMMONWEALTH OF AUSTRALIA, CHERYL MAREE CAMP, PETER JAMES CAMP, CLOVER CATTLE CO PTY LTD, MICHAEL DE LONG, CALLUM HUGH MACLACHLAN, JOCK HUGH MACLACHLAN, QUIXOT PTY LTD, WYLOO PTY LTD, YEEDA STATION PTY LTD & TELSTRA CORPORATION LIMITED (respondent).
Judge: Gilmour J
Where made: Lanji Lanji (Langey Crossing)
Determination:
Native title exists in part of the determination area.
It consists of exclusive and non-exclusive native title rights.
Native title is held by: the Nyikina Mangala People.
The parts of the determination area given by Schedule 3 are exclusive. They consist of:
(a) except in relation to flowing and underground waters, the right to possession, occupation, use and enjoyment of that part of the Determination Area to the exclusion of all others; and
(b) in relation to flowing and underground waters, the right to use and enjoy the flowing and underground waters, including:
(i) the right to hunt on, fish from, take, use, share and exchange the natural resources of the flowing and underground waters for personal, domestic, cultural or non-commercial communal purposes;
(ii) the right to take, use, share and exchange the flowing and underground waters for personal, domestic, cultural or non-commercial communal purposes.
The parts of the determination area given by Schedule 4 are non-exclusive. They consist of:
(a) the right to access and move freely through and within each part of the Determination Area referred to in Schedule 4;
(b) the right to live, being to enter and remain on, camp and erect shelters and other structures for those purposes on the Determination Area referred to in Schedule 4;
(c) the right to:
(i) hunt, gather and fish for personal, domestic, cultural and non-commercial communal purposes;
(ii) take and use flora and fauna for personal, domestic, cultural and non-commercial communal purposes;
(iii) take, use, share and exchange the natural resources of each part of the Determination Area referred to in Schedule Four including soil, sand, clay, gravel, ochre, timber, charcoal, resin and stone for personal, domestic, cultural and non-commercial communal purposes;
(iv) engage in cultural activities in the area, including the transmission of cultural heritage knowledge;
(v) conduct and participate in ceremonies;
(vi) hold meetings; and
(vii) visit, maintain and protect from physical harm, areas, places and sites of importance in each part of the Determination Area referred to in Schedule Four.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
Provisions Relevant to the Native Title Rights
Walalakoo Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is held in trust for the native title holders. |
