Martu

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

 

The Martu native title claim was determined on 27 September 2002. The then Justice French of the Federal Court legally recognised the exclusive native title rights and interests of the Martu People.

The Prescribed Body Corporate established for this area is called Western Desert Lands (Aboriginal Corporation) (Jamukurnu-Yapalikunu). Western Desert Lands (Aboriginal Corporation) holds the recognised native title rights and interests in trust for the benefit of the Martu native title holders.

Claim

Federal Court of Australia Summary
Title: Jeffery James and Ors on behalf of the Martu People v The State of Western Australia
Applicant Names: Teddy Biljabu, Pukina Burton, Billy Dunn, Kevin Fred, Patricia Fry, Mack Gardiner, Dulcie Gibbs, Lindsay Hardcase, Jeffery James, Grant Judson, Ben Odapanie, Nancy Paterson, Colin Peterson, Neil Pitu, Pincher Rubin, Nancy Taylor, Kenny Thomas, Lola Walker, Tommy Watson, Roley Williams, Frank French
Application type: Claimant Application
Date filed: 30 September 1998
FCA No: WAD 6110 of 1998

National Native Title Tribunal Summary
NNTT No: WC96/78
Register of NT claims: Registered
NNTT Status: Active
Area Description/Location: Ruddal River National Park (Karlamilyi), 150kms east of Marble Bar
Claim area size (approximate): 16763.53 km2
Notification Status: -
Notification closing date: -
In mediation: n/a
Date Finalised: 27 September 2002

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Determination

Determination type: Consent Determination – Partially determined
Determination date: 27 September 2002
NT rights and interests recognised: The determination of native title recognises the following rights and interests in the area of the determination:
  1. the 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 determination area;
    3. the right to hunt and gather, and to take the waters for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual, ceremonial 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 and areas which are of significance to the common law holders 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;
  2. the right to use the following traditionally accessed resources:
    1. ochre;
    2. soils;
    3. rocks and stones; and
    4. flora and fauna
      for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs; and
  3. the right to take, use and enjoy the flowing and subterranean waters in accordance with their traditional laws and customs for personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs, including the right to hunt on and gather and fish from the flowing and subterranean waters.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: Western Desert Lands Aboriginal Corporation
(Jamukurnu-Yapalikunu)
PBC Contact details:

Perth:
PO Box 331 , West Perth WA 6872
Tel: (08) 9486 9797
Fax: (08) 9486 9798

Port Hedland:
134 Roche Road, Port Hedland W WA 6721
Tel: (08) 9140 1717
Fax: (08) 9140 2680

 

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Land Access & Future Acts

This determination recognised the native title rights of exclusive possession, occupation, use and enjoyment of the lands within the Martu determination. 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 Martu lands will require the consent of the Martu native title holders.

From June 2007, the Martu prescribed body corporate, Western Desert Lands (Aboriginal Corporation) resumed control of all Land Access and Future Acts requirements within the Martu determination area.

Please contact Western Desert Lands Aboriginal Corporation, PO Box 331, West Perth 6872 if you wish to access the Martu determination area, have any queries in relation to Land Access on the Martu determination or if you would like to obtain a copy of any relevant agreements in relation to these lands.

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Links

Native Title Consent Determination James on behalf of the Martu People v Western Australia [2002] FCA 1208 (27 September 2002)
Reasons for Judgment on Nomination of Prescribed Body Corporate James on behalf of the Martu People v Western Australia (No 2) [2003] FCA 731 (17 July 2003)
Media Release  
PBC Rules Western Desert Lands (Aboriginal Corporation) Rules of Association

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