WAD 293 of 2005
Between: Muuki Taylor, Waka Taylor, Donald Moko, Janice Bullen (Applicants) and State of Western Australia, Yamatji Marlpa Aboriginal Corporation (Respondents) and Attorney-General of the Commonwealth of Australia (Intervener)
WAD 720 of 2015
Between: Muuki Taylor, Waka Taylor, Daniel Walbidi, Meridoo Walbidi, Corina Jadai, Simon Frank (Applicants) and State of Western Australia, Yamatji Marlpa Aboriginal Corporation (Respondents) and Attorney-General of the Commonwealth of Australia (Intervener)
Judge: McKerracher J
Native title exists in the entire determination area
It consists of exclusive title rights and interests.
Native title holders
The native title holders are those persons who, in accordance with traditional laws and customs, have native title rights and interests in the determination area, including the descendants of Japurtujukkur, Walparti, Kulurnanyuta/Tommy Gardiner, Kupa Kupa, Junamuya/Jimmy Gardiner, Jutuparni, Ngartiwarta and Mukuly Mukuly. See Schedule 3 of the determination for more information.
Exclusive native title rights and interests over the entire determination area
Subject to the 'other rights and interests' listed in Schedule Four of the determination and included below, this is the right to possession, occupation, use, and enjoyment of the whole determination area to the exclusion of all others.
There are no native title rights and interests in relation to:
- minerals as defined in the Mining Act 1978 (WA);
- petroleum as defined in the Petroleum and Geothermal Energy Resources Act 1936 (WA); or
- geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1936 (WA), except the right to take and use ochre.
Non-exclusive native title rights and interests exist over part of the determination area.
These rights exist over the area described in Schedule One of the determination and include:
- those rights and interests exercisable in accordance with valid laws including those in relation to any watercourse, wetland or underground water source defined in Rights in Water and Irrigation Act 1914 (WA).
Other rights and interests in the determination area include:
- those from held under grants from the Crown, pursuant to statute or otherwise in the exercise of executive power or otherwise conferred by statute;
- those held by valid laws, including those held by reason of the Rights in Water and Irrigation Act 1914 (WA);
- access to the determination area by an employee, agent or instrumentality of the State, Commonwealth or any local Government authority as required in the performance of their statutory or common law duties; and
- any existing public access to and enjoyment of waterways and their surrounds that were public places at the end of 31 December 1993.
See Schedule 4 of the determination 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 rights and interests
The Kulyakartu 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 native title holders.
Full text of the determination is available via the URL link above.