Between: Barbara Sturt and others named in the schedule of parties (Applicant) and State of Western Australia (Respondents)
Judge: Mortimer J
Native title exists in parts of the determination area
It consists of exclusive and non-exclusive native title rights and interests.
Native title holders
Native title is held by the Jaru People.
Exclusive native title rights and interests exist over part of the determination area
The areas where exclusive native title exists are described in Schedule 3 and are generally shown as green on the maps in Schedule 2.
This is the right to possession, occupation, use, and enjoyment of the area, described in the Extract, as against the whole world.
Non-exclusive native title rights and interests exist over part of the determination area
These rights and interests exist over the area described in Schedule 4 (attached below) and include the right to:
- access and remain in the areas, including erecting temporary structures and lighting controlled contained fires that are not for clearing vegetation;
- access and take resources for any purpose, but not water controlled by other landholders;
- protect places, areas, and sites of traditional significance; and
- be accompanied onto the area by any person who is not a native title holder, but who is invited according to traditional law and custom.
Other (non-native title) rights and interests in the determination area
The areas where non-exclusive native title exists are described in Schedule 4. These other rights and interests are held under:
- Pastoral Leases (Nicholson, Ruby Plains, Sturt Reek, Flora Valley, Gordon Downs, Sophie Downs, Elvire, Koongie Park, Lamboo) and part of Pastoral Leases (Larrawa, Yougawalla, Margaret River, and Burks Park);
- two general leases for the purpose of use and benefit of Aboriginal Inhabitants;
- ten Reserves; and
- the Mining Act 1978 (WA);
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 the Extract for further information about the non-native title rights and interests.
The Jaru 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 Jaru people.
Full text of the determination is available via the URL link above.