Brown (on behalf of the Ngarla People) v State of Western Australia  FCA 1025
|Binomial Name: ||Federal Court of Australia|
|Date: ||30 May 2007|
|Sub Category:||Consent Determination (Native Title Act)|
|Location:||In the vicinity of Port Hedland, north west Western Australia, Western Australia, Australia|
|Legal Status: ||Registered on the National Native Title Tribunal Register|
|Legal Reference: ||Federal Court no. WAD 6185 OF 1998; WAD 0077 OF 2005; WAD 6003 OF 2003; National Native Title Tribunal No. WC99/26|
|Subject Matter:||Access | Cultural Heritage | Future Act | Land Use | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests|
|Summary Information: |
|Brown (on behalf of the Ngarla People) v State of Western Australia  FCA 1025|
Between: Alexander Brown, Jeffrey Brown, Clinton Coke and Charlie Coppin on behalf of the Ngarla People (Ngarla) (APPLICANT)
Commonwealth of Australia (FIRST RESPONDENT)
State of Western Australia
Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation
BHP Billiton Minerals Pty Ltd, Boral Contracting Pty Ltd, Boral Resources (WA) Ltd, Dampier Salt Limited, Itochu Minerals & Energy of Australia Pty Ltd and Mitsui Iron Ore Development Corporation Pty Ltd
Anthony Baptist Bettini, David Francis Bettini
Ethel Marjorie Bettini, John Joseph Bettini, Mark John Bettini, Mary Eleanor Bettini, Paul Dominic Bettini, Graeme Edward Rogers and Judith Anne Rogers
Peter John Fullarton, Stephen Charles Mcwhirter, Robert Tucker, Western Australian Fishing Industry Council (Inc)
Lesley P Ignoti, Peter Alwyn Ignoti, Russell Adrian Ignoti, Perth Shell Distributors
Exmouth Pearls Pty Ltd
Telstra Corporation Limited
Judge: Bennett J
Where: De Grey Station, Western Australia
Determination: Non-exclusive native title rights exist in part of the determination area.
|Detailed Information: |
|On 30 May 2007 Bennett J made orders relating to three different native title applications. These are the Ngarla application, filed on 28 July 1997, the Ngarla #2 application, filed 7 April 2005 and the Njarmal #10 application, filed 25 May 2000. |
The area covered by the determination does not include determination Area B - over this area it was agreed that no determination be made at this time, and that mediation over this area continue; and the unclaimed areas as described in the Third Schedule. Over these areas it has been agreed that native title has been extinguished.
The final determination covers approximately 4,500 square kilometres.
By agreement, the parties have established that the Ngarla people hold native title rights over the areas outlined above:
to access, and to camp on the land and waters;
to take flora, fauna, fish, water and other traditional resources (excluding minerals) from the land and waters;
to engage in ritual and ceremony; and
to care for, maintain and protect from physical harm, particular sites and areas of significance to the common law holders.
These rights are exercisable for domestic, personal and non-commercial communal purposes and do not confer:
exclusive possession rights; nor
a right to control the access of others to the land and waters of Determination Area A.
The relationship between the native title rights and interests described in the determination and the other rights and interests is that:
(a) to the extent that any of the other rights and interests is inconsistent with native title rights, the native title rights and interests continue to exist in their entirety, but have no effect in relation to the other rights and interests to the extent of the inconsistency; and
(b) the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done, as well as that those other rights and interests prevail over native title rights but do not extinguish them. (Determination, para 10)
These native title rights and interests are held on trust by the Wanparta Aboriginal Corporation, a Prescribed Body Corporate for the purposes of Section 56 of the Native Title Act (1993) (Determination, para 4).
This determination is the second for 2007 to cover areas in the Pilbara region of Western Australia. It is hoped the determination will ‘set a precedent for several others that are scheduled in the next financial year’ (NNTT Media Release). The National Native Title Tribunal member Dan O’Shea, who facilitated the mediation, stated that it appears possible that there will be ‘resolution of all matters in the Pilbara in the foreseeable future. (NNTT Media Release)