The Gingirana (WAD 6002 of 2003) native title claim was determined by way of consent on 7 December 2017 at a ceremonial sitting of the Federal Court of Australia at the Kumarina Roadhouse, south of the town of Newman.
|Federal Court of Australia Summary|
|Title:||Billy Atkins & Ors v The State of Western Australia|
|Applicant Names:||Miriam Atkins, Grace Ellery, Timmy Patterson, Darryl Jones, Robert Hill, Stan Hill and Slim Williams|
|Application type:||Claimant Application|
|Date filed:||10 March 2006|
|FCA No:||WAD 6002 of 2003|
|National Native Title Tribunal Summary|
|Register of NT claims:||Registered|
|Area Description/Location:||Central Desert Region Western Australia|
|Claim area size (approximate):||12,150km2|
|Notification Status:||Notification Complete|
|Notification closing date:||1 November 2006|
|Date Finalised:||7 December 2017|
|Determination type:||Consent Determination|
|Determination date:||7 December 2017|
|NT rights and interests recognised:||The nature and extent of the native title rights and interests in relation to the eastern third of the determination area, as well as a small pocket directly to the west (see Schedules 3 and 6 of the Determination), is the right to possession, occupation, use and enjoyment of those parts to the exclusion of all others.The nature and extent of the native title rights and interests in relation to the western two-thirds of the determination area are as follows:
The right to receive a portion of any traditional resources (not including minerals or petroleum) taken from land or waters by Aboriginal people who are also governed by Western Desert traditional laws and customs.
|Nominated Prescribed Body Corporate:||The Gingirana People nominated Marputu (Aboriginal Corporation) RNTBC to hold in trust their recognised native title rights and interests.|
|PBC Contact details:||Contact Person: Julian Santamaria
Marputu Aboriginal Corporation RNTBC
C/o – Desert Support Services
Suite 2, 76 Wittenoom Street
East Perth, WA 6004
Any proposed access to the Gingirana determination area is regulated by the future acts processes in the Native Title Act 1993 (Cth).
As noted above, approximately one-third of the Gingirana determination area is subject to native title rights and interests that afford the Gingirana native title holders exclusive possession, occupation, use and enjoyment of the Gingirana determination area, as against all others. This is the highest form of native title recognised at law and means that entry onto that part of determination area will require the consent of the Gingirana native title holders.
Access onto the Gingirana determination area for mining or petroleum tenure purposes
Exploration and prospecting mineral titles
The Gingirana native title holders have 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 the Gingirana native title holders. Companies may be invited to meet with the Gingirana native title holders and negotiate any outstanding issues directly.
Other mineral and petroleum titles
Specific instructions will need to be sought from the Gingirana native title holders in relation to all other applications for mineral titles and/or petroleum titles within the Gingirana determination area.
Access onto the Gingirana determination area for non-mining/petroleum tenure purposes
All proposed non-mining/petroleum titles within the Gingirana 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 eastern third of the Gingirana determination area are required to seek the consent of the Gingirana native title holders for the purpose of accessing and undertaking activities within the titles.
Access onto the Gingirana determination area for other purposes
Access to the eastern third of the Gingirana determination area for all other purposes requires the consent of the Gingirana native title holders.
|Native Title Consent Determination||Atkins on behalf of the Gingirana People v State of Western Australia  FCA 1465 (7 December 2017)|
|Nomination of Prescribed Body Corporate||Follow this link to view Orders made by Justice Barker Orders for Gingirana PBC|
|Prescribed Body Corporate Rules||Marputu (Aboriginal Corporation) Rules and Objects Marputu Rule Book|
|Other Details||ORIC details for Marputu Aboriginal Corporation|