printable versionPrint this page

Samson on behalf of the Ngarluma People v State of Western Australia [2015] FCA 1438

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 21 December 2015
Sub Category:Consent Determination (Native Title Act)
Location:Karratha, Point Samson and Wickham, Western Australia , Australia
The native title is area is in the Pilbara region of Western Australia and includes approximately 21.4 square kilometres. This area includes four townsites, Karratha, Point Samson, Wickham and Dampier.
Legal Status: Registered on the National Native Title Register of native title determinations.
Legal Reference: Federal Court No: WAD165/2008; National Native Title Tribunal No: WCD2015/007.
Alternative Names:
  • Ngarluma People
  • Subject Matter:Access | Cultural Heritage | Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2015/1438.html?context=1;query=Samson%20on%20behalf%20of%20the%20Ngarluma%20People%20v%20State%20of%20Western%20Australia%20;mask_path=
    Summary Information:
    Samson on behalf of the Ngarluma People v State of Western Australia

    Between: Violet Samson, Kerry Churnside, Jim Fredericks, Pansy Hicks and John Wedge on behalf of the Ngarluma People (APPLICANTS) and
    the State of Western Australia, Commonwealth of Australia, Wilfred Hicks and Others on behalf of the Wong-Goo-Tt-Oo Group, Yamatji Marlpa Aboriginal Corporation, Telstra Corporation (RESPONDENTS)

    Judge: McKerracher J

    Where made: Perth

    Determination:

    Native title exists in part of the determination area. It consists of non-exclusive native title rights.

    Native title is held by the Ngarluma People.

    The non-exclusive native title rights over part of the determination area consist of:
    - a right to access (including to enter, to travel and remain);
    - a right to engage in ritual and ceremony (including to carry out and participate in initiation practices);
    - a right to camp, and to build shelters (including boughsheds, mias and humpies) and to live temporarily thereon as part of camping for the purposes of building a shelter);
    - a right to fish from the waters;
    - a right to collect and forage for bush medicine;
    - a right to hunt, and forage for and take fauna (including fish, shellfish, crab, oysters, sea turtle, dugong, goanna, kangaroo, emu, bush turkey, echidna, porcupine, witchetty grub, swan);
    - a right to forage for and take flora (including timber logs, branches, bark and leaves, gum, wax, Aboriginal tobacco, fruit, peas, pods, melons, bush cucumber, seeds, nuts, grasses, potatoes, wild onion and honey);
    a right to take black, yellow, white and red ochre;
    - a right to take water for drinking and domestic use;
    - a right to cook on the land including light a fire for this purpose;
    - a right to protect and care for sites and objects of significance in the Determination Area (including a right to impart traditional knowledge concerning the area, while on the area and otherwise, to succeeding generations and others so as to perpetuate the benefits of the area and warn against behaviour which may result in harm, but
    not including a right to control access or use of the land by others).

    These non-exclusive native title rights are subject to and exercisable in accordance with the laws of the State and Commonwealth including the common law. These rights do not confer possession, occupation, use or enjoyment on the Ngarluma People to the exclusion of all others. These rights are not exercisable other than in accordance with and subject to the traditional laws and customs for personal, domestic and non-commercial communal purposes (including social, cultural, religious, spiritual and ceremonial purposes).

    Non-native title rights and interests that exist in the determination area include:
    - minerals (including ochres to the extent they are minerals) as defined in the Mining Act 1904 (WA), or in the Mining Act 1978 (WA);
    - petroleum as defined in the Petroleum Act 1936 (WA), or in the Petroleum and Geothermal Energy Resources Act 1967 (WA);
    - geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
    - Subterranean Waters.

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

    The Ngarluma Aboriginal Corporation RNTBC (INC 4511), as the prescribed body corporate, is to perform functions required under the Native title Act 1993 (Cth) and to act as agent for the native title holders. The native title is held on trust for the native title holders.
    Detailed Information:
    Backgroud

    The application was initially filed in 2008 by the Yamatji Aboriginal Corporation on behalf of the Ngaaluma poeple and includes townsites in the Pilbara region of Western Australia (Andrea Booth, NITV, attached reference). It consists of four townsites, being the townsites of Karratha, Point Samson, Wickham and Dampier. These locations were the subject of the determination of the court.

    These townsites previously were excluded from an earlier native title application lodged by the Ngarluma and Yindjibarndi people in a joint application over there respective lands in Daniel v Western Australia [2005] FCA 536, (WAD 6017 of 1996). This application later went on appeal to the Full Court of the Federal Court in Moses v Western Australia [2007] FCAFC; (2007) 160 148. The Ngarluma subsequently initiated an application over the townsites.

    Details Judgement

    Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Ngarluma People in relation to the part of the land and waters covered by the Ngarluma Application. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth). The Court was satisfied that a determination of native title was within the power of the court.

    Related Entries

    Organisation
  • State of Western Australia - Respondent
  • National Native Title Tribunal
  • Commonwealth of Australia - Respondent
  • Yamatji Marlpa Aboriginal Corporation - Respondent
  • Telstra Corporation Limited - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Mining Act 1978 (WA)
  • Mining Act 1904 (WA)
  • Petroleum and Geothermal Energy Resources Act 1967 (WA)
  • People
  • Ngarluma People - Native Title Applicants
  • Ngarluma Aboriginal Corporation RNTBC - Native Title Applicants
  • Case Law
  • Daniel v State of Western Australia [2005] FCA 536 (2 May 2005)

  • References

    General Reference
    National Native Title Tribunal Extract from the National Native Title Register (of native title determinations) for Federal Court matter number WAD165/2008 as at 28/03/2018
    Media Release
    Andrea Booth (22/12/2015) Ngarluma people celebrate native title rights

    Documents

    Map
    Samson on behalf of the Ngarluma People v State of Western Australia - schedule 2 map of the determination area - ( PDF)
    Samson on behalf of the Ngarluma People v State of Western Australia [2015] FCA 1438 - NNTT extract - ( PDF)
    Samson on behalf of the Ngarluma People v State of Western Australia - areas where native title rights and interests do not exist - ( PDF)

    Glossary

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

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey