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Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 29 May 2014
Sub Category:Consent Determination (Native Title Act)
Location:Northern Western Australia around Derby and Broome, Western Australia, Australia
The Nyikina Mangala Application covers an area of approximately 26,215 square kilometres of land and waters located to the south of Derby, east of Broome and west of Fitzroy Crossing. Apart from a small exception, the southern boundary of the Nyikina Mangala Application area adjoins a portion of the northern boundary of the Ngurrara Area A determination.
Legal Status: Registered on the National Native Title Register of native title determinations.
Legal Reference: Federal Court file no: WAD6099/1998 National Native Title Tribunal No: WCD2014/003
Subject Matter:Native Title
URL: http://www.austlii.edu.au/au/cases/cth/FCA/2014/545.html
Summary Information:
Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545

Between:

JOHN WATSON, ANTHONY WATSON, CYRIL ARCHER, ROSITA SHAW, RONA CHARLES, ANNIE MILGIN, DAVID BANJO, HARRY WATSON, JOE GREEN & ROBERT WATSON (applicant);

and

STATE OF WESTERN AUSTRALIA, THE COMMONWEALTH OF AUSTRALIA, CHERYL MAREE CAMP, PETER JAMES CAMP, CLOVER CATTLE CO PTY LTD, MICHAEL DE LONG, CALLUM HUGH MACLACHLAN, JOCK HUGH MACLACHLAN, QUIXOT PTY LTD, WYLOO PTY LTD, YEEDA STATION PTY LTD & TELSTRA CORPORATION LIMITED (respondent).

Judge: Gilmour J
Where made: Lanji Lanji (Langey Crossing)

Determination:

Native title exists in part of the determination area.

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

Native title is held by: the Nyikina Mangala People.

The parts of the determination area given by Schedule 3 are exclusive. They consist of:

(a) except in relation to flowing and underground waters, the right to possession, occupation, use and enjoyment of that part of the Determination Area to the exclusion of all others; and

(b) in relation to flowing and underground waters, the right to use and enjoy the flowing and underground waters, including:

(i) the right to hunt on, fish from, take, use, share and exchange the natural resources of the flowing and underground waters for personal, domestic, cultural or non-commercial communal purposes;

(ii) the right to take, use, share and exchange the flowing and underground waters for personal, domestic, cultural or non-commercial communal purposes.

The parts of the determination area given by Schedule 4 are non-exclusive. They consist of:

(a) the right to access and move freely through and within each part of the Determination Area referred to in Schedule 4;

(b) the right to live, being to enter and remain on, camp and erect shelters and other structures for those purposes on the Determination Area referred to in Schedule 4;

(c) the right to:

(i) hunt, gather and fish for personal, domestic, cultural and non-commercial communal purposes;

(ii) take and use flora and fauna for personal, domestic, cultural and non-commercial communal purposes;

(iii) take, use, share and exchange the natural resources of each part of the Determination Area referred to in Schedule Four including soil, sand, clay, gravel, ochre, timber, charcoal, resin and stone for personal, domestic, cultural and non-commercial communal purposes;

(iv) engage in cultural activities in the area, including the transmission of cultural heritage knowledge;

(v) conduct and participate in ceremonies;

(vi) hold meetings; and

(vii) visit, maintain and protect from physical harm, areas, places and sites of importance in each part of the Determination Area referred to in Schedule Four.

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

Provisions Relevant to the Native Title Rights

Walalakoo Aboriginal Corporation, 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 in trust for the native title holders.
Detailed Information:
After an 18 year long battle, the Nyikina Mangala people were finally recognised as the Traditional Owners of Country in the central Kimberley region. After multiple stages of negotiations, and the combination of 7 original claims, the hearing was held on-Country and exclusive possession was granted over 40% of the Claim Area.

In this final stage of negotiations, connection to Country went undisputed by the respondents. During negotiations, the State Attorney General, Hon Michael Mischin, mentioned how the adoption of a statutory presumption of continuity could constitute a recognition of the evolution of Native Title claims.

Related Entries

Agreement
  • Kogolo v State of Western Australia (No 3) [2012] FCA 1332
  • Nyikina Mangala Ungani Project Infrastructure Indigenous Land Use Agreement (ILUA)
  • Watson on behalf of the Nyikina Mangala People (Nyikina Mangala #2) v State of Western Australia [2015] FCA 1132
  • Organisation
  • Telstra Corporation Limited - Respondent
  • State of Western Australia - Respondent
  • Commonwealth of Australia - Respondent
  • Yeeda Station Pty Ltd - Respondent
  • Wyloo Pty Ltd - Respondent
  • Quixot Pty Ltd - Respondent
  • Clover Cattle Co Pty Ltd - Respondent
  • Yanunijarra Aboriginal Corporation RNTBC
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Cheryl Marie Camp and Peter James Camp - Respondent
  • Michael De Long - Respondent
  • Callum Hugh Machlachlan - Respondent
  • Jock Hugh Maclachlan - Respondent
  • Walalakoo Aboriginal Corporation

  • Documents

    Document
    Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 - ( PDF)

    Glossary

    Native Title Determination (Australia) | Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title Applicants | Native Title Applications/Claims (Australia) | Native Title Claimants (registered) (Australia) | Future Act (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Claimants (unregistered) (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia)

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