Birriliburu

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links
Birrilburu IPA

Part A of WAD6284/1998 (Birriliburu (Part A)) 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 area where the then Justice French determined the exclusive native title rights and interests of the Birriliburu native title holders over the area of Birriliburu (Part A).

Part B of WAD6284/1998 (Birriliburu (Part B)) encompasses two areas previously subject to three mineral exploration licences. Birriliburu (Part B) was omitted from the Birriliburu (Part A) determination and is subject to two further native title claims, WAD108/2008 (Birriliburu #2) and WAD108/2008 (Birriliburu #4), filed on 27 June 2008 and 18 July 2011, respectively. These claims were filed to allow prior extinguishment of native title rights and interests to be disregarded and for exclusive native title rights and interests to be recognised through the application of section 47B of the Native Title Act 1993 (Cth) (Native Title Act).

WAD 50/2010 (Birriliburu #3) was filed over Pastoral Lease N050237, Glenayle Station on 15 March 2010.

All issues in Birriliburu (Part B), Birriliburu #2, Birriliburu #3 and Birriliburu #4 were resolved through the exchange of pleadings, save for the native title right to take and use resources of the land and waters for commercial purposes, which remained in contention between the parties. This issue was the subject of litigation before Justice North in the Federal Court who, at first instance, found that the native title right to take and use resources for any purpose should be recognised in the determination, and directed parties to agree to the terms of a determination based on his decision. The decision of Justice North can be found here: http://www.austlii.edu.au/au/cases/cth/FCA/2014/715.html.

Rather than progressing towards a determination, Birriliburu (Part B), Birriliburu #2 and Birriliburu #4 were put on hold, awaiting the outcome of the appeal from Justice Barker’s decision in Banjima People v State of Western Australia (No 2) [2013] FCA 868 (Banjima) in relation to the application of section 47B of the Native Title Act over mineral exploration licences. Birriliburu #3 was also put on hold, despite the issue in Banjima being unrelated to the claim.

The Full Court, both in its initial decision and the reconsideration of its decision, upheld the position of Justice Barker at first instance in relation to the application of section 47B of the Native Title Act to areas covered by mineral exploration licences.

In light of the decision in Banjima People v State of Western Australia [2015] FCAFC 84, Birriliburu (Part B), Birriliburu #2 and Birriliburu #4, were determined together on 6 June 2016. In this determination, Justice North recognised the exclusive native title rights and interests of the Birriliburu native title holders over the entire determination area. Birriliburu #3, which was also determined on 6 June 2016, recognised non-exclusive native title rights and interests over the determination area. These determinations were made following a further hearing in the Federal Court before Justice North regarding the application of section 87 or section 87A of the Native Title Act 1993 (Cth) to the making of the determinations. Justice North’s decision and the determination of the remaining claims can be found here: http://www.austlii.edu.au/au/cases/cth/FCA/2016/671.html

 

Claim

Federal Court of Australia Summary – Birriliburu Part A & B
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
Federal Court of Australia Summary – Birriliburu No 2
Title: Slim Williams and Ors on behalf of the Birriliburu People v The State of Western Australia
Applicant Names: Slim Williams, JM (deceased), BP (deceased), Timmy Patterson and Garry Stevens
Application type: Claimant Application
Date filed: 27 June 2008
FCA No: WAD 108 of 2008
Federal Court of Australia Summary – Birriliburu No 3
Title: Darren Farmer on behalf of the Birriliburu People v The State of Western Australia and Ors
Applicant Names: Darren Farmer
Application type: Claimant Application
Date filed: 15 March 2010
FCA No: WAD 50 of 2010
Federal Court of Australia Summary – Birriliburu No 4
Title: Ivan Wongawol on behalf of the Birriliburu People v The State of Western Australia
Applicant Names: Ivan Wongawol
Application type: Claimant Application
Date filed: 18 July 2011
FCA No: WAD 299 of 2011

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Determinations

Determination 1 – Birriliburu (Part A) (WAD6284/1998)

Determination type: Consent Determination
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

Determination 2 – Birriliburu (Part B) (WAD6284/1998), Birriliburu #2 (WAD108/2008) and Birriliburu #4 (WAD299/2011)

Determination type: Partly-litigated Determination
Determination date: 6 June 2016
NT rights and interests recognised: The nature and extent of the native title rights and interests recognised in the determination area is the right to possession, occupation, use and enjoyment to the exclusion of all others.

Determination 3 – Birriliburu #3 (WAD50/2010)

Determination type: Consent Determination,
Determination date: 6 June 2016
NT rights and interests recognised: The nature and extent of the native title rights and interests recognised in the determination area is the right to:

  • access, remain in and use the determination area;
  • access and take for any purpose the resources of the determination area; and
  • access, maintain and protect places, areas and objects of importance on or in the determination area.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: The Birriliburu People nominated Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) RNTBC to hold in trust their native title rights and interests, as determined in Birriliburu (Part A), Birriliburu (Part B), Birriliburu #2, Birriliburu #4 and Birriliburu #3.MNR holds approximately 2 – 3 General Meetings and 3 – 4 Directors’ Meetings per year. These meetings are usually held in Wiluna.
PBC Contact details: Contact person: Julian Santamaria
C/o- Desert Support Services Pty Ltd
Suite 2, 76 Wittenoom Street
East Perth, WA 6004

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Land Access & Future Acts

Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) RNTBC (MNR) is registered with the National Native Title Tribunal as the registered native title body corporate for the Birriliburu (Part A), Birriliburu (Part B), Birriliburu #2, Birriliburu #3 and Birriliburu #4 determination areas (collectively, the Birriliburu determination area). Accordingly, any proposed access to the Birriliburu determination area is regulated by the future acts processes in the Native Title Act 1993 (Cth).

As noted above, the majority of the Birriliburu determination area is subject to native title rights and interests that afford the Birriliburu native title holders exclusive possession, occupation, use and enjoyment of the Birriliburu determination area, as against all others. This is the highest form of native title recognised at law and means that in most cases, entry onto the Birriliburu determination area will require the consent of the Birriliburu native title holders.

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

Exploration and prospecting mineral titles

MNR has developed a standard Land Access and Mineral Exploration Agreement for the purpose of permitting access for mineral exploration or prospecting activities and subsequently protecting cultural heritage sites and areas of cultural significance during the conduct of such activities.

Exploration and prospecting companies are encouraged to accept the Land Access and Mineral Exploration Agreement in its standard form to expedite the granting of the title and enable access to the relevant tenure.

Negotiations in relation to the Land Access and Mineral Exploration Agreement are conducted by Central Desert under instructions from MNR. Companies may be invited to meet with MNR and negotiate any outstanding issues directly, including the negotiation of compensation as required under the Mining Act 1978 (WA).

Other mineral and petroleum titles

Specific instructions will need to be sought from MNR in relation to all other applications for mineral titles and/or petroleum titles within the Birriliburu determination area.

Access onto Birriliburu native title determination area for non-mining or petroleum tenure purposes

All proposed non-mining/petroleum titles within the Birriliburu determination area require an application to be made to the relevant government department and the requisite notifications to be made under the future acts processes in the Native Title Act 1993 (Cth).

Applicants or holders of non-mining/petroleum titles within the Birriliburu determination area are required to seek the consent of MNR for the purpose of accessing the titles.

Access onto Birriliburu native title determination area for other purposes.

Access to the Birriliburu determination area for all other purposes requires the consent of MNR.

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 the Birriliburu determination area is permitted without the consent of MNR. Please visit the Canning Stock Route Permit website for permit application details.

 

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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)BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2016] FCA 671 (6 June 2016)
Nomination of Prescribed Body Corporate Follow this link to view Orders made by Justice McKerracher Orders for Birrliburu PBC
Media releases “Custodians open up Carnarvon Range”
“Traditional Owners open Hidden Eden”
Prescribed Body Corporate Rules Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) Rules and Objects MNR Rule Book
Other Details ORIC wesbite:http://register.oric.gov.au/PrintCorporationSearch.aspx?corporationName=&icn=7321

Other Links

About Birriliburu and Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation)

Birriliburu IPA

Map of the Birriliburu IPA Area

Birriliburu Vision for Country

Central Desert Land Management

 

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