| Between:
(P)WAD50/2010
BP (Deceased), Kenny Farmer, Margie Jackman, Dusty Stevens, Colin Richards, Musso Morrison, Johnnie Ray, Bruce Richards. Geoffrey Stewart, Frankie Wongowol, Andy Campbell, Jimmy Morgan, Timmy Paterson and Garry Stevens (APPLICANTS) and
State of Western Australia(RESPONDENTS)
Judge: North J
Where made: Perth
Determination:
Native title exists in the entire determination area. Exclusive native title rights include:
- the right to access, to remain in and to use the determination area;
- the right to access and take for any purposes the resources in the determination area; and
- the right to have access to, maintain and protect places, and areas and objects of importance on or in the determination area.
The above rights do not confer:
- possession, occupation, use and enjoyment of the Determination Area on the native title holders to the exclusion of all others; nor
- a right to control access to, or use of, the land and waters of the determination area.
The native title rights are exercisable in accordance with and subject to the:
- traditional laws and customs of the native title holders; and
- laws of the State and the Commonwealth, including the common law.
Native title is held by the Birriliburu People.
Non-native title rights and interests that exist in the determination area include:
- minerals as defined in the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA); or
- petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and in the Petroleum and Geothermal Resources Energy Act 1967 (WA); or
- geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
- the nature and extent of native title rights and interests in relation to water in any watercourse, wetland or underground water source as defined in the Rights in Water and Irrigation Act 1914 (WA) at the date of this determination is the non-exclusive right to take, use and enjoy that water;
- rights and interests of the State, Commonwealth or other traditional landholders under the Rights in Water and Irrigation Act 1914 (WA) and the Aboriginal Communities Act 1979 (WA);
- the right of any person to use (subject to the laws of the State, in particular the Aboriginal Affairs Planning Authority Act 1972 (WA) and Regulations where applicable) any road in the determination area over which, as at the date of this Determination, the public has a right of way according to the common law;
- the rights and interests held under grants from the Crown in right of the State or of the Commonwealth pursuant to statute or in the exercise of its executive power or otherwise conferred by statute;
- the right of an employee or instrumentality of the State, Commonwealth or Local Government Authority to carry out the performance of statutory or common law duties where such access would be permitted over private land; and
- rights under the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) as at the date of this determination any existing public access to and enjoyment of, waterways, beds and banks of foreshores of waterways, stock routes or areas that were public places at the end of 31 December 1993 and the right of any person to use and enjoy subject to laws of the State and the Canning Stock Route.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
The Mungarlu Ngurrarankatja Rirraunkaja RNTBC 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 on trust for the native title holders. |
BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2016] FCA 671 (Birriliburu #3) - map of determination area - ( 
BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2014] FCA 715 (Birriliburu #3) - National Native Title extract - (