Between: Malachy Hobbs, Hector Hobbs, Winawarl Cynthia, Mervyn Numbagardie, Richard Pindan, Tony Yanawana, Harry Yungabun, Percy Bulagardie, James Yanawana, Victor Woia and Helen Thomas (Applicants) and State of Western Australia (Respondents) Judge: Colvin J Determination Native title exists in the entire determination area The determination area is the unallocated Crown land parcel as shown in Schedule 2 being all those lands and waters commencing at the northernmost northwestern corner of the northwestern severance of Native Title Determination WAD327/2018 Ngurrara D1 (WCD2019/009) and extending southerly and westerly along the western and northern boundaries of that native title determination to an intersection with an internal boundary of Native Title Determination WAD6077/1998 Ngurrara (Area A) (WCD2007/005), then northerly and easterly along the internal boundaries of that determination back to the commencement point. It consists of exclusive and non-exclusive native title rights and interests. Native title holders The native title in the determination area is held by the Ngurrara people. The native title holders are those Aboriginal people who hold in common the body of traditional laws and customs concerning the claim area. Those people are: - the biological descendants of apical ancestors. (See Schedule 4 for a full list of the apical ancestors)
- are acknowledged by the native title claimants above as having rights and interests in the claim area through a direct relationship by birth/finding and growing up in places ('Ngurrara') within the application 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 determination area, described in Schedule 3, to the exclusion of all others. 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rights and interests in the determination area in or in relation to minerals as defined in the Mining Act 1904 (WA)(repealed) and the Mining Act 1978 (WA); or petroleum as defined in the Petroleum Act 1936 (WA)(repealed) and the Petroleum and Geothermal Energy Resources Act 1967 (WA); except the right to take and use ochre to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA). Native title rights and interests are subject to and exercisable in accordance with the laws of the State and the Commonwealth, including the common law; and the traditional laws and customs of the Ngurrara people. Non-exclusive native title right to take, use and enjoy the water that exists over all or part of the determination area where the nature and extent of native title rights are in relation to water in any watercourse, wetland,or underground water source as defined in the Rights in Water and Irrigation Act 1914 (WA) as at the date of this determination. Other rights and interests in the determination area include: - Existing petroleum interests under the Petroleum and Geothermal Energy Resources Act 1967 (WA).
- Rights and interests, including licenses and permits, granted by the Crown in right of the Commonwealth or the State pursuant to statute or otherwise in the exercise of its executive power and under any regulations made pursuant to such legislation.
- Rights or interests held by reason of the force and operation of the laws of the State or of the Commonwealth including the force and operation of the Rights in Water and Irrigation Act 1914 (WA).
- The right to access land by an employee or agent or instrumentality of the State, the Commonwealth or any local Government authority as required in performance of his or her statutory or common law duties where such access would be permitted to private land.
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 Yanuijarra 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 acts as an agent for the Ngurrara people. Full text of the determination is available via the URL link above.
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