Between: Ernest Damien Manado, Alec Dann, Cecilia Churnside, Betty Dixon, Walter Koster, and Phillip McCarthy (Applicant) and State of Western Australia, Commonwealth of Australia, Victoria Jane Burton, Sheffield Resources Ltd, Jamie Peter Burton, Kurt Elezovich, J D Arrow, S J Arrow, Yeeda Station Pty Ltd, and Shire of Broome (Respondents)
Judge: Robertson J
Determination
Native title exists in all of the determination area
It consists of exclusive native title rights and interests.
Native title holders
The Jabirr Jabirr/Ngumbarl and Nimanburr Peoples.
Exclusive native title is wholly owned by the Jabirr Jabirr/Ngumbarl People in the western section of the lot and is shared between the Jabirr Jabirr/Ngumbarl and Nimbanburr Peoples in the eastern section of the lot. For a map of the lot, see Attachment B (attached below under documents). For a full description of the native title holders see Schedule 2 of the determination via the above URL link.
Exclusive native title rights and interests exist over all the determination area
This is the right to possession, occupation, use, and enjoyment of the area, described in the determination, to the exclusion of all others. The exercise of these rights and interests is subject to the traditional laws and customs of the native title holders as well as the laws of the State and the Commonwealth.
There are no native title rights and interests in relation to:
- Precious metals, stones or other minerals, pursuant to the Mining Act 1904 (WA); or
- Petroleum, as defined in the Petroleum Act 1936 (WA) or the Petroleum and Geothermal Energy Resources Act 1967 (WA).
Other rights and interests in the determination area include:
- Rights and interests held by Telstra Corporation Ltd, to access its telecommunication facilities by employees, agents or contractors and created pursuant to various telecommunications acts;
- Rights and interests held under Petroleum Exploration Permit EP 438 to exercise such permits;
- Rights and interests held under valid or validated grants from the Crown;
- Right of access by an employee or agent of the State; Commonwealth; or local government authority;
- Rights and Interests held by State or Commonwealth, including reason of force and operation of the Rights in Water and Irrigation Act 1914 (WA) and Aboriginal Communities Act 1979 (WA); and
- Rights or interests conferred under or in accordance with the Canning-Kimberley Groundwater Area.
In the case of conflict, the exercise of the non-native title rights and interests will prevail over the native title rights and interests.
See Schedule 4 for further information about the other (non-native title) rights and interests.
Aboriginal Corporation Registered Native Title Body Corporates (RNTBCs)
The Gogolanyngor Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) holds the Jabirr Jabirr/Ngumbarl People's native title in trust and performs the functions required under the Native Title Act 1993 (Cth).
The Nimanburr Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) holds the Nimanburr People's native title in trust and performs the functions required under the Native Title Act 1993 (Cth).
Full text of the determination is available via the URL link above. |