Kiwirrkura

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

 

The Kiwirrkura native title holders received legal recognition of their traditional native title rights and interests on 19 October 2001. The Tjamu Tjamu (Aboriginal Corporation) is the prescribed body corporate established by the Kiwirrkura native title holders. Tjamu Tjamu holds in trust the native title rights and interests on behalf of the Kiwirrkura native title holders.

Claim

Federal Court of Australia Summary
Title: Jimmy Brown and Ors on behalf of the Kiwirrkura People v The State of Western Australia and Ors
Applicant Names: Jimmy Brown
Application type: Claimant Application
Date filed: 30 September 1998
FCA No: WAD 6019 of 1998

National Native Title Tribunal Summary
NNTT No: WC95/16
Register of NT claims: Not Registered
NNTT Status: Finalised – Full Approved Determination
Area Description/Location: Gibson Desert west of Lake Mackay, Alice Springs 700km to the east of boundary.
Claim area size (approximate): 42,904.79 km2
Notification Status: -
Notification closing date: -
In mediation: -
Date Finalised: 19 October 2001

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Determination

Determination type: Consent Determination
Determination date: 19 October 2001
NT rights and interests recognised:

The determination of native title recognises the following rights and interests in the area of the determination:

Right to possess, occupy, use and enjoy the land and waters of the Determination Area to the exclusion of all others including:

  1. the right to live on the Determination Area;
  2. the right to make decisions about the use and enjoyment of the land and waters of the Determination Area;
  3. the right to hunt and gather, and to take water and other traditionally accessed resources (including ochre) for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual and communal needs;
  4. the right to control access to, and activities conducted by others on, the land and waters of the Determination Area;
  5. the right to maintain and protect sites which are of significance to the Kiwirrkura people under their traditional laws and customs; and
  6. the right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners of the Determination Area.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: On 4 June 2003 the Kiwirrkura native title holders nominated that the Tjamu Tjamu (Aboriginal Corporation) are to hold in trust the rights and interests recognised to exist in the determination made in the Federal Court of Australia on 19 October 2001.
PBC Contact details:

Contact Person: Ian Rawlings
Tjamu Tjamu
C/- Central Desert Native Title Services
Lower Ground Floor, 170 Wellington Street
East Perth WA 6004

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Land Access & Future Acts

The Kiwirrkura native title determination recognised the native title holders’ rights to possess, occupy, use and enjoy the land and waters within the Kiwirrkura determination area to the exclusion of all others. This is the highest form of native title recognised at law.

Exclusive use, possession, occupation and enjoyment native title means that, in most cases, entry onto the Kiwirrkura determination area will require the consent of the Kiwirrkura native title holders.

The Kiwirrkura determination area is also subject to Use and Benefit Aboriginal Reserves 24923 and 40783. Access to Aboriginal Reserves is gained through an entry permit under the Aboriginal Affairs Planning Authority Act. An entry permit under the Aboriginal Affairs Planning Authority Act will not be granted without the consent of the Kiwirrkura native title holders.

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.

Further, there are portions of the Kiwirrkura determination area that are subject to either 99 or 50-year leases held by the Ngaanyatjarra Land Council. Land that is subject to these leases will require the additional consent of the Ngaanyatjarra Land Council.

Access onto Kiwirrkura native title determination area for mining or petroleum tenure purposes

Applicants or holders of mineral or petroleum titles are required to seek consent from the Kiwirrkura native title holders to gain access onto the Kiwirrkura native title determination area.

A Mining Entry Permit and Consent to Mine will also be required under the Aboriginal Affairs Planning Authority Act and the Mining Act or Petroleum and Geothermal Energy Resources Act in relation to accessing the Aboriginal Reserves within the Kiwirrkura determination area for the purpose of mineral or petroleum activities.

The consent of the Ngaanyatjarra Land Council will also be required when the mineral or petroleum title is located on the 99 or 50-year leases.

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

Tjamu Tjamu (Aboriginal Corporation) has developed a standard Mineral Exploration and Land Access Deed of 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. The Deed of Agreement deals with access to and from the Kiwirrkura native title determination area, the Aboriginal Reserves and the leases.

Explorers are encouraged to accept the Deed of Agreement in its standard form to expedite the granting of the title. However, it can also form the basis of negotiations between explorers and the Kiwirrkura native title holders.

Negotiations in relation to the Deed of Agreement are conducted by Central Desert under instructions from the Kiwirrkura native title holders. Explorers will be invited to meet with the Kiwirrkura native title holders and negotiate any outstanding issues directly, including the negotiation of compensation under the Deed of Agreement.

Other mineral and petroleum titles

Instructions will be required from the Kiwirrkura 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 Kiwirrkura native title determination area for non-mining and petroleum tenure purposes

Applicants or holders of these titles are required to seek consent from the Kiwirrkura native title holders to gain access onto the Kiwirrkura native title determination area.

The consent of the Ngaanyatjarra Land Council will also be required when the title is located on either the 99 or 50-year leases.

Low impact titles cannot be granted on exclusive possession, occupation, use and enjoyment native title determination areas.

Access onto Kiwirrkura native title determination area for other purposes

Access to the Kiwirrkura native title determination for all other purposes requires the consent of the Kiwirrkura native title holders.

Subject to obtaining the required Transit Permit, members of the public may freely traverse the Kiwirrkura to Kintore Road pursuant to a right recognised under the Kiwirrkura determination. No access off this road onto the Kiwirrkura native title determination area is permitted without the consent of the Kiwirrkura native title holders.


Please contact our Assistant Future Acts Officer should you wish to access the Kiwirrkura determination area, have any queries in relation to Land Access on the Kiwirrkura native title determination area or wish obtain a copy of the relevant Deed of Agreement.

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Links

Native Title Consent Determination

Brown v Western Australia [2001] FCA 1462 (19 October 2001)

Reasons for Judgment on Nomination of Prescribed Body Corporate

Brown v State of Western Australia (No. 2) [2003] FCA 556 (4 June 2003)

Media Release

 

PBC Rules

 

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