Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links
The Gingirana (WAD 6002 of 2003) native title claim was determined by way of consent on 7 December 2017 at a ceremonial sitting of the Federal Court of Australia at the Kumarina Roadhouse, south of the town of Newman.
Prescribed Body Corporate
| Nominated Prescribed Body Corporate: | Marputu (Aboriginal Corporation) RNTBC |
| PBC Contact details: | Contact Person: Emilie Goegan Marputu Aboriginal Corporation RNTBC c/- 76 Wittenoom Street East Perth, WA 6004 |
Claim Details
| Federal Court of Australia Summary | |
|---|---|
| Title: | Billy Atkins & Ors v The State of Western Australia |
| Applicant Names: | Miriam Atkins, Grace Ellery, Timmy Patterson, Darryl Jones, Robert Hill, Stan Hill and Slim Williams |
| Application type: | Claimant Application |
| Date filed: | 10 March 2006 |
| FCA No: | WAD 6002 of 2003 |
| National Native Title Tribunal Summary | |
|---|---|
| NNTT No: | WC06/2 |
| Register of NT claims: | Registered |
| NNTT Status: | Active |
| Area Description/Location: | Central Desert Region Western Australia |
| Claim area size (approximate): | 12,150km2 |
| Notification Status: | Notification Complete |
| Notification closing date: | 1 November 2006 |
| In mediation: | Yes |
| Date Finalised: | 7 December 2017 |
Determination
| Determination type: | Consent Determination |
| Determination date: | 7 December 2017 |
| NT rights and interests recognised: | The nature and extent of the native title rights and interests in relation to the eastern third of the determination area, as well as a small pocket directly to the west (see Schedules 3 and 6 of the Determination), is the right to possession, occupation, use and enjoyment of those parts to the exclusion of all others. The nature and extent of the native title rights and interests in relation to the western two-thirds of the determination area are as follows:
The right to receive a portion of any traditional resources (not including minerals or petroleum) taken from land or waters by Aboriginal people who are also governed by Western Desert traditional laws and customs. |
Land Access & Future Acts
Approximately the eastern one third of the Gingirana determination area is subject to native title rights and interests that give Gingirana native title holders exclusive possession, occupation, use and enjoyment of this area. This is the highest form of native title recognition at law and means that entry onto that part of the determination area for purposes other than for mining or petroleum tenure purposes (see below) requires the consent of the Gingirana native title holders.
Access onto the Gingirana determination area for mining or petroleum tenure purposes
Exploration and prospecting mineral titles
The Gingirana native title holders through their prescribed body corporate – the Marputu Aboriginal Corporation (Marputu), have developed a standard Land Access and Mineral Exploration Agreement for the purposes of:
- permitting access for mineral exploration or prospecting activities;
- protecting cultural heritage sites and areas of cultural significance; and
- compensation for the affect of mineral exploration or prospecting activities on native title and therefore avoiding the need for compensation to be dealt with later through litigation in the Federal Court.
Exploration and prospecting companies are encouraged to accept the Land Access and Mineral Exploration Agreement in its standard form to expedite the granting of the title and enable access to the relevant tenure.
Negotiations in relation to the Land Access and Mineral Exploration Agreement are conducted by Central Desert under instructions from Marputu and companies may be invited to meet Marputu and negotiate any outstanding issues directly.
Other mineral and petroleum titles
Specific instructions will need to be sought from Marputu in relation to all other applications for mineral titles and/or petroleum titles within the Gingirana determination area.
Access onto the Gingirana determination area for non-mining/petroleum tenure purposes
All proposed non-mining/petroleum titles within the Gingirana determination area require an application to be made to the relevant government department and the requisite notifications to be made under the future acts processes in the Native Title Act 1993 (Cth).
Links
| Native Title Consent Determination | Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465 (7 December 2017) |
| Nomination of Prescribed Body Corporate | Follow this link to view Orders made by Justice Barker Orders for Gingirana PBC |
| Media releases | |
| Prescribed Body Corporate Rules | Marputu (Aboriginal Corporation) Rules and Objects Marputu Rule Book |
| Other Details | ORIC details for Marputu Aboriginal Corporation |
