Agreements, Treaties and Negotiated Settlements Project

Brooking on behalf of the Bunuba People (Bunuba #2 Part B) v State of Western Australia [2019] FCA 1136
Date:	25 July 2019
Sub Category:	Consent Determination (Native Title Act)
Place:	West Kimberley
State/Country:	Western Australia, Australia
	A section of land to the east of Broome and along the Great Northern Highway. For a detailed description of the area and maps see Schedule 1 of the determination, attached below under documents. The area is within the jurisdiction of the Shire of Derby/West Kimberly Council.
Legal Status:	Registered with the National Native Title Tribunal on the Native Title Register 25/07/2019.
Legal Reference:	Federal Court file no.: WAD535/2018; National Native Title Tribunal file no.: WCD2019/008
Subject Matter:	Native Title
URL:	http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/1136.html
Summary Information:
Between: George Brooking and Others on behalf of the Bunuba People (Applicant) and the State of Western Australia, the Shire of Derby/West Kimberly, Callum Hugh MacLachlan of Blina Station, and Jubilee Downs Pastoral Company Pty Ltd of Quanbun Downs (Respondents) Judge: Bromberg J Determination Native title exists in parts of the determination area It consists of non-exclusive native title rights and interests. Native title holders The Bunuba People Non-exclusive native title rights and interests over part of the determination area These rights exist over the area described in Schedule 3 and include the rights to: access and move freely through an within the determination area; live, camp, and erect shelters and other structures for that purpose on the determination area; hunt, gather, fish, as well as take and use flora and fauna for personal, domestic, cultural, and non-commercial purposes; take, use, share, and exchange natural resources for personal, domestic, cultural, and non-commercial purposes; access, take, use, share, and exchange water for personal, domestic, cultural, and non-commercial purposes light fires for domestic purposes, but not to clear vegetation; engage in cultural activities in the area; conduct and participate in ceremonies; conduct burials, burial rites, and other ceremonies in relation to death; hold meetings; and visit, maintain and protect from physical harm areas, places, and sites of importance. Other rights and interests in the determination area include: pastoral leases N049850 and N0495587; An exploration licence granted under the Mining Act 1978 (WA); rights and interests validly granted by the Commonwealth or the State pursuant to legislation or as a valid use of executive power; rights or interests held due to the operation of the laws of the State or the Commonwealth; rights and interests of members of the public arising from common law including the rights to fish, navigate, and to use any road in the determination area which the public already had a right to access; the right to access land by those acting on behalf of the Commonwealth, the State, or any local government authority as required in the performance of their statutory or common law duties; rights of any person to access Stock Routes; the rights of holders of petroleum interests and existing mining tenements; legal or equitable estates or interests in the land or waters; any other right, charge, power, or privilege over the lands or waters; the rights and interests of Telstra Corporation Limited as the owner or operator of telecommunication facilities in the determination area, created pursuant to statute, for those acting on its behalf to access its telecommunication facilities, and under any lease, license or easement relating to its telecommunication facilities in the area. See Schedule 6 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 Bunuba Dawangarri 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 Bunuba People. Full text of the determination is available via the URL link above.
Detailed Information:
Background The application was originally filed on 10 April 2012. The application was then dealt with in two parts because a separate ongoing claim overlapped part of the area Bunuba Part #2 area. On 5 March 2019, the other proceeding was dismissed and allowed for this determination to move forwards. Details of Judgment The Court was satisfied that the requirements of the NTA were met and made orders to affect the determination as proposed by the parties.
Outcomes:
Native title exists in parts of the determination area.