Ngaanyatjarra Lands - Part A

Link to Ngaanytjarra Lands - Part B

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links


The area of the Ngaanyatjarra Lands Part A native title claim was the subject of a determination of native title by Chief Justice Black of the Federal Court of Australia on 29 June 2005. At the same time the native title holders nominated the Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) RNTBC to hold their native title rights and interests on trust on their behalf.

Central Desert no longer provides native title services in the the Ngaanyatjarra Lands Part A determination area. Ngaanyatjarra Council (Aboriginal Corporation) provides these services.

Claim

Federal Court of Australia Summary
Title: Stanley Mervyn and Ors v The State of Western Australia and Ors
Applicant Names: Grant Frazer, Stanley Mervyn, Fred Ward, Andrew Watson, Livingston West, Philip West, Adrian Young
Application type: Claimant Application
Date filed: 23 April 2004
FCA No: WAD 6004 of 2004

National Native Title Tribunal Summary
NNTT No: WC04/3
Register of NT claims: Not Registered
NNTT Status: Finalised
Area Description/Location: Central Desert Region, Westen Australia
Claim area size (approximate): 187,600km2
Notification Status: -
Notification closing date: -
In mediation: n/a
Date Finalised: 26 June 2005

/back to top

Determination

Determination type: Consent Determination - partially determined
Determination date: 29 June 2005
NT rights and interests recognised:

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

1. In those parts of the determination area where there has been partial
extinguishment:
a) the right to enter and remain;
b) the right to take fauna and flora;
c) the right to take water for personnel, domestic, or non-commercial communal
purposes;
d) the right to take other natural resources such as ochre, stones, soils, wood &
resin;
e) the right to care for, maintain and protect from physical harm particular sites and
areas of significance to the native title holders.

2. In those parts of the Determination Area where here has been no extinguishment or
extinguishment is disregarded:
a) the right of possession, occupation, use and enjoyment to the exclusion of all
others (except in relation to flowing and subterranean water);
b) the right to take flowing and subterranean water for personnel, domestic, or
non-commercial communal purposes..

/back to top

Prescribed Body Corporate

Nominated Prescribed Body Corporate: Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) RNTBC.
PBC Contact details: C/- Ngaanyatjarra Council (Aboriginal Corporation)
58 Head Street, Alice Springs NT 0870
PO Box 644, Alice Spings NT 0871
Tel: (08) 8950 1711
Fax: (08) 8953 1892

/back to top

Land Access & Future Acts

This determination of native title recognised the right of possesion, occupation, use and enjoyment to the exclusion of all others of the lands within the Ngaanyatjarra Lands Part A determination area. This is the highest form of native title recognised at law.

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

The Ngaanyatjarra Lands Part A determination area is also subject to Use and Benefit Aboriginal Reserves. 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 Ngaanyatjarra native title holders.

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

From June 2007, Ngaanyatjarra Council resumed control of all Land Access and Future Act requirements within the Ngaanyatjarra Lands Part A determination area.

Please contact Ngaanyatjarra Council, 58 Head Street, Alice Springs NT 0870, Phone: (08) 8950 1711, if you wish to access the Ngaanyatjarra Lands, have any queries in relation to Land Access on the Ngaanyatjarra Lands Part A native title determination area or wish to obtain a copy of a relevant land access agreement.

/back to top

Links

Native Title Consent Determination
Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia [2005] FCA 831
Reasons for Judgement on Nomination of Prescribed Body Corporate as above
Media releases
 
PBC rules
Yarnangu Ngaanyatjarraku Partna (Aboriginal Corporation) RNTBC Rules of Association


/back to top