Gingirana

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

 

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.

Claim

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
NNTT No: WC06/2
Register of NT claims: Registered
NNTT Status: Active
Area Description/Location: Central Desert Region Western Australia
Claim area size (approximate): 12,150km2
Notification Status: Notification Complete
Notification closing date: 1 November 2006
In mediation: Yes
Date Finalised: 7 December 2017

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Determination

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 access, remain in and use that part;
  • The right to access, take and use the resources of that part for any purpose;
  • The right to engage in spiritual and cultural activities in that part;
  • The right to maintain and protect places of significance on that part; and

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.

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Prescribed Body Corporate

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

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Land Access & Future Acts

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.

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Links

Native Title Consent Determination Atkins on behalf of the Gingirana People v State of Western Australia [2017] FCA 1465 (7 December 2017)
Nomination of Prescribed Body Corporate Follow this link to view Orders made by Justice Barker Orders for Gingirana PBC
Media releases
Prescribed Body Corporate Rules Marputu (Aboriginal Corporation) Rules and Objects Marputu Rule Book
Other Details ORIC details for Marputu Aboriginal Corporation

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