Between: Hobbs (Applicant) and State of Western Australia (Respondent)
Judge: Perry J
Native title exists in all of the determination area
It consists of exclusive native title rights and interests.
Native title holders
The Yi-Martuwarra Ngurrara People
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 3, to the exclusion of all others.
The native title rights exist in accordance with the laws of the State and the Commonwealth and are subject to the Petroleum and Geothermal Energy Resources Act 1967 (WA) -.
Native title rights in relation to water are those as defined in the Rights in Water and Irrigation Act 1914 (WA) and is the right to take, use and enjoy water .
Other rights and interests in the determination area include:
- Those granted by the Crown or the State of Western Australia such as licences and permits
- Those operating by reason of the law of the Commonwealth or State of Western Australia, including those under the Rights in Water and Irrigation Act 1914 (WA)
See Schedule 5 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 Yanunijarra 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 Yi-Martuwarra Ngurrara People.
Full text of the determination is available via the URL link above.