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Payi Payi on behalf of the Ngururrpa people v the State of Western Australia (Unreported, FCA, 18 October 2007, Black CJ)
|Binomial Name:||Federal Court of Australia|
|Date:||18 October 2007|
|Sub Category:||Consent Determination (Native Title Act)|
|Location:||Great Sandy Desert, Western Australia, Australia|
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|According to the Extract from the National Native Title Register, the Determination Area comprises all of the land and waters bounded by the following description except the areas set out in Schedule 2: All that land and waters commencing at the intersection of the southern boundary of the southeastern severance of Pastoral Lease 3114/1106 (Lake Gregory) with Longitude 127.266667 East and extending south along that line of longitude to a northern boundary of General Lease I150581; Thence easterly along the northern boundary of that lease to the northwestern corner of Reserve 40786; Thence easterly along the northern boundary of that reserve to a northwestern corner of General Lease I150581; Thence easterly along the northern boundary of that lease and onwards to the Western Australian - Northern Territory border at Latitude 22.246820 South; Thence northerly along that border to Latitude 21.866667 South; Thence northwesterly, north and northeasterly passing through the following co-ordinate positions. LATITUDE (SOUTH) LONGITUDE (EAST) 21.500000 128.500000 21.333333 128.500000 21.116667 128.600000 Thence due north to a southern boundary of the Determination of Native Title for Tjurabalan 2 WAD0160/97 (WC95/074) as determined in the Federal Court on 20 August 2001; Thence generally westerly along the southern boundaries of that determination back to the commencement point. This information was provided by the Native Title Spatial Services, Landgate, on 6 August 2007.|
|Legal Status:||Registered on the National Native Title Tribunal Register|
|Legal Reference:||NNTT File No. WC06/5; Federal Court file No. WAD357/06|
|Subject Matter:||Native Title|
|Between: Payi Payi & Ors On Behalf Of The Ngururrpa People (APPLICANTS)|
The State of Western Australia (RESPONDENTS)
Judge: Black CJ
Where: Yakka Yakka Road, South of Balgo, Western Australia
Determination: Native Title exists over the entire determination area.
Other matters that were determined include that the native title holders have a year from the date of this determination to nominate a Prescribed Body Corporate, and that a small overlap with the Tjurabalan determination resulted with a small portion of this application being dismissed.
|On 8 December 2006, the Ngurpurra people lodged native title claim WAD357/06 with the Federal Court. The matter was referred for mediation on 14 June 2007, and on 18 October 2007 representatives of the State of Western Australia and the Ngururrpa people reached agreement that native title should be recognised over approximately 30,000 square kilometres in the Great Sandy Desert of Western Australia. |
The determination has been lauded for its constructive negotiation process and quick resolution by tribunal member Ruth Wade.
The determination recognises exclusive native title rights to possess, occupy, use and enjoy the area of the determination. One exception to this is the flowing and subterranean waters, where the native title holders have the non-exclusive right to take water for personal, domestic or non-commercial purposes. These non-exclusive rights include the right to take and use ochre.
|National Native Title Tribunal (December 2007) Native title recognised in central desert|
|National Native Title Tribunal (18 October 2007) Native Title Recognised in Central Desert|
|The Koori Mail (24 October 2007) Ngururrpa celebrate: Speedy resolution to native title claim|
|Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Applicants | Native Title Registers|
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