Tex on behalf of the Lappi Lappi and Ngulupi Claim Group v State of Western Australia [2018] FCA 1591

North of Lake Mackay

Registered with the National Native Title Tribunal on the Native Title Register 24 October 2018.

Between: Tex on behalf of the Lappi Lappi and Ngulupi Claim Group (Applicant) and the State of Western Australia (Respondent)

Judge: Barker J

Determination

Native title exists in the entire determination area

It consists of exclusive native title rights and interests.

Native title holders

Native title is held by those persons who (a) hold native title rights and interests in part or all of the determination area according to traditional laws and customs, through various pathways listed in the NNTR Extract; AND (b) are recognised under traditional laws and customs by other native title holders as having rights and interests in part or all of the determination area.

This includes the descendants of any of the following persons: (a) Banjo Tjungarrayi; (b) NyuntjuTjampijinpa; (c) Porky Darkie, Mirlkiya and Patarrs; (d) Katangiinyi; (e) Tjitjirri and Nyutinka; (f) Wipulyulyu, Bokoboko and Pampatu; (g) Partuta / Arthur Tjapanangka; and (h) TjitiTjiti/Mickey Tjupurrula.

Exclusive native title rights and interests over all of the determination area

This is the right to possession, occupation, use, and enjoyment of the area, described in Schedule 1, to the exclusion of all others.

Non-native title rights and interests in the determination area include:

• The interests of persons who have the care, control and management of some reserves, and the interests of persons entitled to access and use those reserves for the respective  purposes  for  which  they  are  reserved;
• Rights and interests, including licences and permissions, held under valid or validated grants from the Crown;
• Rights and interests which are valid by reason of the force and operation of the laws of the State or of the Commonwealth.
  
• The right to access, the determination area by an employee, agent or instrumentality of: (a) the State; (b) the Commonwealth; or (c) any local government authority. This right is granted where access is required in the performance of his or her statutory or common law duty where such access would be permitted to private land.
  

See Schedule 3 for further information about the non-native title rights and interests.

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title

The Rapi Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) is the prescribed body corporate. It performs the functions required under the Native Title Act 1993 (Cth) and holds the native title in trust for the Lappi Lappi and Ngulupi Claim Group.

Full text of the determination is available via the URL link above.

Background

The Lappi Lappi and Ngulupi application was first filed on 15 February 2018 pursuant to s 61 of the Native Title Act 1993 (Cth), and was entered on the Register of Native Title Claims on 24 April 2018.

The outcome of the consent determination was celebrated by the Lappi Lappi and Ngulpi people, and recognised the claim to approximately 6,072 square kilometres of land (NIAA, 2018). Minister for Indigenous Affairs Nigel Scullion welcomed the historic determination and congratulated the area’s traditional owners on gaining legal acknowledgement of the land (NIAA, 2018).

Details of Judgment

The parties reached agreement as to the terms of the determination which was to be made in relation to the land and waters covered by the application. They requested that the Court hear and determine this proceeding in accordance with their agreement.

The Court was satisfied that it would be appropriate and within its power to recognise the native title holders for the determined area.

Related Entries

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