Between: Colin Hamlett, Rochelle Baumgarten, Wanda Flanagan, GF (deceases), David Jones, Lance Mongoo, Pam Mongoo, Carrum Mourambine, Elizabeth Papertalk, June Pearce, R.S. (deceased), Tim Simpson, Charles Snowball Jnr and David Walgar on behalf of the Wajarri Yamatji People (Applicant) and the State of Western Australia, the Shire of Murchison, Yamatji Marlpa Aboriginal Corporation and Telstra Corporation Limited (Respondents)
Judge: Griffiths J
Native title exists in part of the determination area
It consists of exclusive native title rights and interests.
Native title holders
Native title is held by the Wajarri Yamatji People.
Exclusive native title rights and interests exist over part of the determination area
This is the right to possession, occupation, use, and enjoyment of the area to the exclusion of all others. These exclusive rights do not apply to water, nor minerals, petroleum or geothermal energy.
The areas where exclusive native title exists are described in Schedule 4 as being unallocated Crown land, with the exception of public works as described in Schedule 3.
Other rights and interests in the determination area include those held:
- under exploratory licences granted for a total of fifteen tenements and a single miscellaneous licence under the Mining Act 1904 and the Mining Act 1978. Right and interests include a right to use portions of existing roads to access and exercise the mining tenement;
- for enforcing the operation of laws, including the Rights in Water and Irrigation Act 1914 (WA);
- by the public, including a public right to fish, a public right to navigate, and a right to use and enjoy any roads which they have a common law right of access to;
- by employees, agents or instrumentalities of the State, local governments or Commonwealth for access;
- by Telstra to manage and maintain their telecommunication facilities; and
- existing public access.
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 Warraji Yamaji 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 Warraji Yamatji.
Full text of the determination is available via the URL link above.