Between: Josephine Farrer, Gregory Donald Tait, Matt Dawson, Phyllis Wallaby, Marty Stevens and Mark Bin Bakar (Applicant) and State of Western Australia (Respondent) Judge: Mortimer J Determination Native title exists in the entire of the determination area It consists of 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 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. 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rights and interests in the determination area in or in relation to: - minerals as defined in the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA);
- petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and the Petroleum and Geothermal Energy Resources Act 1967 (WA)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 in the area
except for the right to take and use ochre to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA). Existing interests in the area include: - the right of employees and contractors of the Water Corporation, established under the Water Corporations Act 1995 (WA), to continue to access and maintain water bores on the Determination Area existing as at the date of the determination; and
- existing interests under the Mining Act 1978 (WA) in relation to three exploration licences.
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 On or before 7 December 2020 the 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.
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