Between Josephine Farrer, Matt Dawson, Phyllis Wallaby, Marty Stevens, Mark Bin Bakar and Gregory Donald Tait (Applicants) and State of Western Australia (First Respondent) Telstra Corporation Limited (Second Respondent) and Shire of Halls Creek (Third Respondent)
Native title exists in parts of the determination area
It consists of exclusive and non-exclusive native title rights and interests.
Native title holders
The native title holders are people related (including by adoption) to one of the apical ancestors who held rights and interests in one of the local estate countries†or are connected to ngarrawanji apical ancestors through spirit connections/and or birth sites or are recognised by the native titled holders as holding rights and responsibilities to the area.
Exclusive native title rights and interests over part 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.
Non-exclusive native title rights and interests over part of the determination area
These rights and interests exist over the area described in Schedule 4 and include:
The right to have access to, remain in and use that part, which includes but is not
- access and move freely through and within that part;
- enter and remain on, camp and erect temporary shelters and
other structures in order to live on that part;
- light controlled contained fires but not for the clearance of vegetation;
- to engage in cultural activities in that part, including the transmission of
cultural heritage knowledge; and
- to hold meetings in that part
The right to access and take for any purpose the resources on that part, which
- to access and take water, other than water which is lawfully captured or
controlled by the holders of pastoral leases.
The right to protect places, areas and sites of traditional significance on that part,
which includes to:
- conduct and participate in ceremonies in that part;
- conduct burials and burial rites and other ceremonies in relation to death
in that part; and
- visit, maintain and protect from physical harm, areas, places and sites of
importance in that part.
The right to be accompanied onto the Determination Area by any persons who, the native title holders may invite pursuant to traditional law and custom, being:
- spouses or partners of the native title holders; and
- persons who may assist with the performance of ceremonies or cultural activities, including sharing of knowledge about country
Other rights and interests in the determination area include:
There are no native title rights and
interests in the Determination Area in or in relation to:†
- minerals as defined in the Mining Act 1904 (WA) (repealed) and the Mining Act
- petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and the Petroleum
and Geothermal Energy Resources Act 1967 (WA)
- geothermal energy resources and geothermal energy as defined in the Petroleum
and Geothermal Energy Resources Act 1967 (WA); or
- water lawfully captured by the holders of Other Interests
except the right to take and use ochre to the extent that ochre is not a mineral pursuant to
the Mining Act 1904 (WA).
See Schedule 5 and Schedule 8 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
Within 12 months of the order the common law native title holders are required to indicate whether their native title rights are to be held in a trust and by which body corporate.†
Full text of the determination is available via the URL link above.