Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
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Claim
The Lappi Lappi and Ngulupi native title claim was filed on 15 February 2018 and determined by consent on 24 October 2018.
The Lappi Lappi and Ngulupi native title holders nominated Rapi Aboriginal Corporation as their prescribed body corporate.
| Federal Court of Australia Summary | |
|---|---|
| Title: | Peter Tex & Ors v State of Western Australia |
| Applicant Names: | Peter Tex, Nelson Tex, Tammy Wilson, Donovan Brown, Megan Darkie, Teddy Gibson, Christine Ellis Michaels, Cheryl Darkie |
| Application type: | Claimant Application |
| Date filed: | 15 February 2018 |
| FCA No: | WAD 48 of 2018 |
Determination
| Determination type: | Consent Determination |
| Determination date: | 24 October 2018 |
| NT rights and interests recognised: | The determination of native title recognises the right of possession, occupation, use and enjoyment of the determination area to the exclusion of all others. |
Prescribed Body Corporate
| Nominated Prescribed body corporate | Rapi Aboriginal Corporation |
| PBC Contact Details: | Contact Person: Ebony Humble Rapi Aboriginal Corporation c/- Suite 2, 76 Wittenoom Street East Perth WA 6004 |
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Land Access & Future Acts
The consent of Rapi Aboriginal Corporation is required prior to obtaining access to the claim area. This is because the entirety of the area is covered by Aboriginal Reserves 24923 and 26399, both of which are for the purpose of “Use and Benefit of Aboriginal Inhabitants”, created in accordance with the Land Administration Act 1997 (WA) and vested in the Aboriginal Lands Trust created pursuant to section 20 of the Aboriginal Affairs Planning Authority Act 1972 (WA).
Access to Aboriginal Reserves is gained through an entry permit under the Aboriginal Affairs Planning Authority Act 1972 (WA). An entry permit under the Act will not be granted without the consent of the Rapi Aboriginal Corporation.
For more information, please see the page detailing Aboriginal Reserves within the Central Desert Region for the types of entry permits required on Aboriginal Reserves.
Access onto Aboriginal Reserves for mining and petroleum tenure purposes
Applicants or holders of mining or petroleum titles are required to seek the consent of the Rapi Aboriginal Corporation to gain access onto the claim area, which includes the Aboriginal Reserves.
A Mining Access Permit will also be required under the Aboriginal Affairs Planning Authority Act 1972 (WA) and the Mining Act 1978 (WA) or Petroleum and Geothermal Energy Resources Act 1967 (WA) in relation to accessing the claim area, which includes the Aboriginal Reserves, for the purpose of mineral or petroleum activities.
The Rapi Aboriginal Corporation have not as yet developed a standard agreement for the purpose of protecting cultural heritage sites and areas of cultural significance during the conduct of exploration or prospecting activities within the Lappi Lappi and Ngulupi claim area. Accordingly, Central Desert will seek instructions from the claim group on a case-by-case basis.
Access onto Aboriginal Reserves for non-mining and petroleum tenure Purposes
There is no standard process for dealing with non-mining and petroleum tenure on the Lappi Lappi and Ngulupi claim area. Accordingly, Central Desert will seek instructions from the Rapi Aboriginal Corporation on a case-by-case basis.
In any event, access to the Lappi Lappi and Ngulupi claim area, including the Aboriginal Reserves, for non-mining/petroleum tenure purposes requires the consent of the Rapi Aboriginal Corporation.
Access onto Aboriginal Reserves for other purposes
Access to the Lappi Lappi and Ngulupi claim area, including the Aboriginal Reserves, for all other purposes requires the consent of the Rapi Aboriginal Corporation.
A Transit Permit will also be required under the Aboriginal Affairs Planning Authority Act 1972 (WA) in relation to accessing the claim area, which includes the Aboriginal Reserves, for any other purpose.
Please contact our Future Acts Officer, if you wish to access the Lappi Lappi and Ngulupi area area or have any queries in relation to Land Access on the Lappi Lappi and Ngulupi area.
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