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Stanley Mervyn, Adrian Young, Livingston West and Others, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors (Unreported, Federal Court of Australia, 3 June 2008, French J)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 3 June 2008
Sub Category:Consent Determination (Native Title Act)
Location:Central Desert, Western Australia, Australia
The determination area is described in Schedule 1.
Legal Status: Registered on the National Native Title Register (of native title determinations).
Legal Reference: National Native Tribunal file no.: WC04/3; Federal Court no.: WAD6004/2004
Alternative Names:
  • Ngaanyatjarra Lands (Part B)
  • Subject Matter:Native Title
    URL: http://www.nntt.gov.au/Applications-And-Determinations/Search-Determinations/Pages/Ngaanyatjarra_Lands_Part_B_WC04_3.aspx
    Summary Information:
    Stanley Mervyn, Adrian Young, Livingston West and Others, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors (Unreported, Federal Court of Australia, 3 June 2008, French J)

    Between: Stanley Mervyn, Adrian Young, Livingston West, Andrew Watson, Fred Ward, Grant Frazer and Phillip West on behalf of the Peoples of the Ngaanyatjarra Lands (APPLICANTS)

    AND

    The State of Western Australia and the Shire of Laverton (RESPONDENTS)

    Judge: French J

    Where Made: Perth, Western Australia

    Determination:

    Native title exists in the entire determination area. Native title holders possess exclusive rights over most of the country, located in the Central Desert of Western Australia, and non-exclusive rights over the Warburton Range Stock Route.
    Detailed Information:
    Background Information

    This consent determination is the second and final of two determinations over the Ngaanyatjarra Lands. The first consent determination was completed in June 2005 over 167,756 square kilometres (see link below). This second determination finalises native title over the remaining 1,428 square kilometres. A Ministerial Media Statement describes this as the 'largest determined native title area in Australia.'

    The determination finalises two applications: the Ngaanyatjarra Lands Application (WAD 6004 of 2004) and the Tjirrkarli Kanpa Application (WAD 6103 of 1998), the latter of which was discontinued.


    Native Title Rights and Interests

    The determination area is described in Schedule 1, and the native title holders are described in Schedule 3. Native title holders are entitled to possession, occupation, use and enjoyment of the majority of the determination area to the exclusion of all others. However, rights to water are non-exclusive, consisting of the right to take flowing and subterranean water for personal, domestic or non-commercial communal purposes.

    Native title has been partially extinguished over the Warburton Range Stock Route. Accordingly, native title rights and interests over this area include the right to:
  • enter and remain;
  • take flora and fauna;
  • take water for personal, domestic or non-commercial communal use;
  • take other natural resources such as ochre, stones, soils, wood and resin; and,
  • care for and protect sacred sites.

    Native title rights and interests do not override other rights and interests not consistent with native title rights, and exclude any rights to minerals and petroleum. In addition, public works are excluded from the determination area (Schedule 2).

    The rights and interests of other stake holders are preserved. These include the rights and interests of:
  • persons who care for, control and manage the Warburton Range Stock Route;
  • the Aboriginal Lands Trust (lessee) over a special purpose lease for the 'Use and Benefit of Aboriginal Inhabitants', including a sub-lease to the Ngaanyatjarra Land Council;
  • Encounter Resources Ltd, over an exploration licence, including road access as necessary for the purposes of exercising rights under the licence;
  • the Shire of Laverton, including the maintenance of roads within the determination area;
  • the commonwealth and state governments; and,
  • the public to use any road over which the public has a right of way, as at the date of the determination (including David Carnegie Road).

  • Related Entries

    Agreement
  • Mervyn & Ors on behalf of the Peoples of the Ngaanyatjarra Lands v State of Western Australia [2005] FCA 831 - Previous
  • Blackstone Multi Function Police Facility BC Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Western Australia - Respondent
  • Ngaanyatjarra Land Council
  • Yarnangu Ngaanyatjarraku Parna Aboriginal Corporation
  • Commonwealth of Australia
  • Laverton Shire - Respondent
  • Central Desert Native Title Services Ltd
  • Encounter Resources Ltd
  • National Native Title Tribunal
  • Aboriginal Lands Trust (WA)
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Stanley Mervyn, Adrian Young, Livingston West and Others, on behalf of the Peoples of the Ngaanyatjarra Lands - Native Title Applicants

  • References

    Agreement
    Office of Native Title (3 June 2008) Ngaanyatjarra Determination (Part B)
    Media Release
    Eric Ripper, Department of Premier and Cabinet (3 June 2008) Australia's Largest Recognised Native Title Area Finalised
    National Native Title Tribunal (3 June 2008) Ngaanyatjarra People's Native Title Recognised in Central Desert
    Resource
    National Native Title Tribunal (3 June 2008) Native Title Determination Summary - Ngaanyatjarra Lands (Part B)
    Office of Native Title (2008) Ngaanyatjara Lands Part B: WC04/3, WAD6004/04

    Documents

    Map
    Ngaanyatjarra Lands Determination Area Map - ( PDF)

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia)

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