Birriliburu
Link to Birriliburu No. 2
Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links
The Birriliburu Native title claim was determined with the consent of the parties on 20 June 2008. The Federal Court held a hearing at Goodcamp Rockhole, a location within the determination boundary. The then Justice French of the Federal Court legally recognised the native title rights and interests of the Birriliburu people.
The Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) RNTBC is the prescribed body corporate established by the Birriliburu native title holders.
Claim
| Federal Court of Australia Summary | |
|---|---|
| Title: | Billy Patch and Ors on behalf of the Birriliburu People v The State of Western Australia and Ors |
| Applicant Names: | Kenny Farmer, Wilma Freddie, Musso Morrison, Billy Patch, Johnnie Ray, Bruce Richards, Colin Richards, Dusty Stevens, Geoffrey Stewart, Frankie Wongawol |
| Application type: | Claimant Application |
| Date filed: | 30 September 1998 |
| FCA No: | WAD 6284 of 1998 |
| National Native Title Tribunal Summary | |
|---|---|
| NNTT No: | WC98/68 |
| Register of NT claims: | Registered |
| NNTT Status: | Finalised – Partially Determined (see Birriliburu No. 2) |
| Area Description/Location: | Pilbara Region in Western Australia. Approximately 200km north east of the town of Wiluna |
| Claim area size (approximate): | 66,875 km2 |
| Notification Status: | Notification Complete |
| Notification closing date: | 4 July 2000 |
| In mediation: | n/a |
| Date Finalised: | 20 June 2008 |
Determination
| Determination type: | Consent Determination -partially determined (see Birriliburu No. 2) |
| Determination date: | 20 June 2008 |
| NT rights and interests recognised: | The determination of native title recognises the following rights and interests in the area of the determination: The right of possession, occupation, use and enjoyment to the exclusion of all others, except in relation to flowing and subterranean water. |
PBC
| Nominated Prescribed Body Corporate: | The Birriliburu People nominated Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) to hold in trust their recognised native title rights and interests. |
| PBC Contact details: | Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) |
| MNR Booklet for February 2011 Meeting |
Land Access & Future Acts
The Birriliburu native title determination recognises the native title rights of exclusive possession, occupation, use and enjoyment of the lands within the Birriliburu determination area. This is the highest form of native title recognised at law.
Exclusive possession, occupation, use and enjoyment native title means that in most cases entry onto Birriliburu lands will require the consent of the Birriliburu native title holders.
Access onto Birriliburu native title determination area for mining or petroleum tenure purposes
Applicants or holders of mineral or petroleum titles are required to seek the consent of the Birriliburu native title holders to gain access onto the Birriliburu native title determination area.
Miners Rights cannot be granted on exclusive possession, occupation, use and enjoyment native title determination areas (including the marking out of title areas or traversing of land in the conduct of geo-physical or prospecting activities).
Exploration and prospecting mineral titles
The Birriliburu native title holders have developed a standard Land Access and Mineral Exploration Agreement with the purposes of protecting cultural heritage sites and areas of cultural significance during the conduct of exploration or prospecting activities and permitting access for mineral exploration or prospecting activities.
Explorers are encouraged to accept the Land Access Agreement in its standard form to expedite the granting of the title. However, it can also form the basis of negotiations between explorer and the Birriliburu native title holders.
Negotiations in relation to the Land Access Agreement are conducted by Central Desert under instructions from the Birriliburu native title holders. Explorers will be invited to meet with the Birriliburu native title holders and negotiate any outstanding issues directly, including the negotiation of compensation under the Land Access Agreement.
Other mineral and petroleum titles
Instructions will be required from the Birriliburu native title holders in relation to agreements for access for all other mineral and petroleum title applications on a case-by-case basis.
Access onto Birriliburu native title determination area for non-mining or petroleum tenure purposes
Applicants or holders of these titles are required to seek the consent of the Birriliburu native title holders to gain access onto the Birriliburu native title determination area.
Low impact titles cannot be granted on exclusive possession, occupation, use and enjoyment native title determination areas.
Access onto Birriliburu native title determination area for other purposes.
Access to the Birriliburu native title determination for all other purposes requires the consent of the Birriliburu native title holders.
The only area the public can access that is recognised in the Birriliburu determination is the Canning Stock Route (CSR). Members of the public wishing to traverse the CSR may do so, however, no access off the CSR onto Birriliburu native title determination area is permitted without the consent of the Birriliburu native title holders. Consent for access onto the Birriliburu native title determination area can be sought through Central Desert.
Please contact our Future Acts Officer should you wish to access the Birriliburu determination area, have any queries in relation to Land Access on the Birriliburu native title determination area or wish to obtain a copy of the relevant Land Access Agreement.
Links
| Native Title Consent Determination | Billy Patch and Others on behalf of the Birriliburu People v the State of Western Australia and Others [2008] FCA 944 (20 June 2008) |
| Nomination of Prescribed Body Corporate | Follow this link to view Orders made by Justice McKerracher Orders for Birrliburu PBC |
| Media releases | |
| PBC rules | Follow this link to PBC Rules |