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Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 1 March 2007
Sub Category:Consent Determination (Native Title Act)
Location:Pilbara Region, Western Australia, Australia
Legal Status: Registered on the National Native Title Tribunal Register
Legal Reference: Federal Court File no. WAD6208/98; National Native Title Tribunal File no. WC97/89
Alternative Names:
  • Muntulgura Guruma (Part A)
  • Subject Matter:Access | Cultural Heritage | Fishing | Land Use | Native Title | Pastoral Activities | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/2007/365.html
    Summary Information:
    Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365

    Between: Nelson Hughes, Peter Stevens and Eva Connors on behalf Of The Eastern Guruma People (APPLICANT)

    And

    The State Of Western Australia (FIRST RESPONDENT)

    Coolawanyah Pastoral Co Pty Ltd (Coolawanyah Station)
    Richardson Tr (Mt Florance Station)
    Rocklea Station Pty Ltd (SECOND RESPONDENT)

    Shire Of Ashburton (THIRD RESPONDENT)

    Nicholas Cooke and Alice Smith on behalf of the Innawonga and Bunjima Peoples (FOURTH RESPONDENT)

    Hamersley Exploration Pty Ltd
    Hamersley Iron Pty Ltd
    Hamersley Resources Ltd
    Robe River Mining Co Pty Ltd
    (FIFTH RESPONDENT)

    Telstra Corporation Limited (SIXTH RESPONDENT)

    Judge: BENNETT J
    Where: Kings Lake, Tom Price Township
    Determination: Native title exists over the claim area, with the exception of the area surrounding the Tom Price township. Negotiations regarding this area are to be entered into at a later date.
    Detailed Information:
    The Eastern Guruma application commenced in October of 1997, and covers an area of approximately 8,700 square kilometres of land in the Eastern Pilbara region of Western Australia. It represents the first native title claim settled by consent in the Pilbara region.

    The agreement states that the rights and interests to be exercised by the Eastern Guruma are non-exclusive rights to:
    a. 'enter and remain on the land, camp, erect temporary shelters, and travel over and visit any part of the land and waters;
    b. hunt, fish and gather or take and to use, share and exchange the resources of the land and waters such as food, water and medicinal plants and trees, timber, charcoal, ochre, stone and other traditional resources;
    c. engage in ritual and ceremony on and in relation to the land and waters; and
    d. care for and maintain and protect from physical harm, particular objects, sites and areas of significance to the native title holders.'(at para 4)

    These rights and interests do not include the right to possession, occupation, use and enjoyment to the exclusion of all others, nor a right to control the access of others to the land (para 4). As such, rights and interests enjoyed by other land users are not affected by the determination (para 7).

    The native title is to be held on trust. The prescribed body corporate is the Wintari Guruma Aboriginal Corporation.

    Related Entries

    Agreement
  • Eastern Guruma Pastoral Indigenous Land Use Agreement (ILUA)
  • Pilbara Iron - Eastern Guruma Body Corporate Indigenous Land Use Agreement (ILUA)
  • FMG Pilbara Pty Ltd and Wintawari Guruma Aboriginal Corporation RNTBC Indigenous Land Use Agreement (ILUA)
  • Hughes on behalf of the Eastern Guruma People (No 2) v State of Western Australia [2012] FCA 1267
  • Organisation
  • State of Western Australia - Respondent
  • Ashburton Shire - Respondent
  • Hamersley Iron Pty Ltd - Respondent
  • Telstra Corporation Limited - Respondent
  • Coolawanyah Pastoral Co Pty Ltd - Respondent
  • Wintawari Guruma Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Peter Stevens, Nelson Hughes & Eva Connors - Native Title Claimant
  • Nicholas Cooke and Alice Smith on behalf of the Innawonga and Bunjima Peoples - Respondent

  • References

    General Reference
    Federal Court of Australia (2 May 2007) Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365
    Media Release
    National Native Title Tribunal (2 April 2007) Eastern Guruma native title first for central Pilbara
    National Native Title Tribunal (2004) Media Release: Eastern Guruma People and mining companies reach native title agreement in Pilbara, WA

    Documents

    Map
    Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 - ( Image)

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Applications/Claims (Australia) | Native Title Determination (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia)

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