Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 3) [2021] FCA 1338

Binomial Name: Federal Court of Australia
Date: 2 November 2021
Sub Category:Consent Determination (Native Title Act)
Place:

Mid-west Region

State/Country:Western Australia, Australia
The determination area includes the lands and waters of approximately 21,305 sq km in the mid-west region of Western Australia. For a detailed description of the area and maps see Schedules 1 and 2 of the determination, attached below under documents. The area is within the jurisdiction of the Shire of Cue, Shire of Meekatharra, Shire of Mount Magnet, Shire of Sandstone, and Shire of Wiluna.
Legal Status:

Registered on the National Native Title Register

Legal Reference: Federal Court File No.: WAD29/2019; National Native Title Tribunal File No.: WCD2021/008
Alternative Names:
  • Yugunga-Nya People Part A
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2021/1338.html?context=1;query=gilla;mask_path=au/cases/cth/FCA
    Summary Information:

    Between:Gilla on behalf of the Yugunga-Nya People (Applicant) and State of Western Australia, Shire of Cue, Shire of Meekatharra, Shire of Mount Magnet, Shire of Sandstone, and Shire of Wiluna (Respondents)

    Judge:Banks-Smith J

    Determination

    The Federal Court of Australia made this native title determination by consent of the parties under s 87A and s 94A of theNative Title Act 1993(Cth) (the NTA).

    Native title existsin parts of the determination area

    It consists of exclusive and non-exclusive native title rights and interests.

    Native title does not exist in the areas described in Schedule 4, including some townsite freehold areas (both current and historic), reserves, leases, and public works

    Native title holders

    The Yugunga-Nya People claimants hold the native title.

    For a detailed description of the native title holderssee Schedule 7 via the above URL link.

    Exclusive native title exists over part of the determination area

    Other than in relation to water, the applicant has the right to possession, occupation, use, and enjoyment of the area to the exclusion of all others.

    The area covered by exclusive native title includes the Cogla Downs Pastoral Lease Area, as well as Unallocated Crown Land where prior extinguishment has been disregarded under s 47B of the NTA.

    For a more detailed description of this area, see Schedule 3 attached below.

    Non-exclusive native title exists in part of the determination area

    Non-exclusive native title exists in the entire determination area, excluding the exclusive native title areas and the areas where no native title exists.

    Subject to any qualifications, these native title rights and interests include the right to:

    • access, remain in and use that area;
    • access and take the resources in that area; and
    • protect places, areas and things of traditional significance in that area

    Other (non-native title) rights and interests in the determination area include the rights and interests:

    • of persons who care, control and manage, or are entitled to access and use, or hold leases over areas of the reserves identified in Schedule 6;
    • of pastoralists pursuant to the pastoral leases referred to in Schedule 6;
    • according to the Yugunga-Nya People & Sandfire ILUA (non-overlapping area);
    • of the holders of leases referred to in Schedule 6;
    • of persons having the care, control and management of roads listed in Schedule 6;
    • of the holders of mining tenements granted under the Mining Act 1904 (WA) (repealed) and/or the Mining Act 1978 (WA) in Schedule 6;
    • of the holders of petroleum interests granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA) or the Petroleum Pipelines Act 1969 (WA);
    • of Telstra Corporation Limited; and
    • held by the State of Western Australia or Commonwealth of Australia or existing under the law of the State of Western Australia or Commonwealth.

    See Schedule 6 for further information about the non-native title rights and interests.

    In the case of conflict, the exercise of the non-native title rights and interests will prevail over the native title rights and interests.

    Prescribed body corporate

    The Yugunga-Nya Native Title Aboriginal Corporation is the prescribed body corporate. It performs the functions required under the NTA and shall hold the determined native title rights and interests in trust on behalf of the Yugunga-Nya native title holders.

    Full text of the determination is available via the URL link above.

    Detailed Information:

    Background

    The Yugunga-Nya application was originally made in 1996 and has since been subject to several changes and consolidations [2].

    This determination covers part A of the original claim area. The parties agreed that the remaining area (Part B) is excluded as it is expected that a further determination (Yugunga-Nya Part B) will take place in the future [2].

    The parties came to an agreement regarding the claimant group's native title rights and interests in the determination area.

    Details of Judgment

    The Court was satisfied that the parties had met freely and had come to an agreement on an informed basis. Through undertaking close consideration of the connection material, the State found the connection materials provided by the Applicant to be sufficient in demonstrating the claimants' and their ancestors' maintained presence to the claim area and their rights and interests in the claim area pursuant to Western Desert traditional laws and customs. Moreover, both the State and the Applicant had competent legal representation. As a result, the Court was satisfied that it was appropriate to make the determination of native title that was jointly sought by the relevant parties and found that the native title rights have always existed in parts of the determination area [42].

    Outcomes:

    Native title exists in parts of the determination area


    Related Entries

  • Yugunga-Nya People & Sandfire Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Telstra Corporation Limited
  • State of Western Australia - Respondent
  • Shire of Cue - Respondent
  • Shire of Meekatharra - Respondent
  • Shire of Mount Magnet - Respondent
  • Shire of Sandstone - Respondent
  • Shire of Wiluna - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Mining Act 1904 (WA)
  • Mining Act 1978 (WA)
  • Petroleum and Geothermal Energy Resources Act 1967 (WA)
  • Petroleum Pipelines Act 1969 (WA)
  • People
  • Gilla on behalf of the Yugunga-Nya People - Native Title Applicant
  • Yugunga-Nya People - Native Title Claimant

  • Documents

    Document
    National Native Title Register Extract for WCD2021/008 as at 11/01/2023 (Yugunga-Nya People Part A) - ( PDF | PDF | PDF | PDF | PDF | PDF | PDF)

    Glossary

    Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Aboriginal and Torres Strait Islander (Australia) | Applicant | Respondent | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Aboriginal Corporation (Australia) | Native Title Applicants | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia)