Kulyakartu

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

 

The Kulyakartu (WAD 293 of 2005) and Kulyakartu #2 (WAD 720 of 2015) native title claims were partially determined by way of consent on 12 October 2016 at an on-country hearing. Justice McKerracher, of the Federal Court of Australia, in making the determination recognised the exclusive native title rights and interests of the Kulyakartu native title holders over ‘Part A’ of the land and waters the subject of Kulyakartu and Kulyakartu #2.

The remaining portion of Kulyakartu and Kulyakartu #2, or ‘Part B’, which was previously covered by a petroleum exploration permit, was set aside pending the outcome of the litigation in ‘Part B’ of Ngurra Kayanta (WAD 410 of 2012) and Ngurra Kayanta #2 (WAD 326 of 2015), which dealt with the application of section 47B of the Native Title Act 1993 (Cth) over petroleum exploration permits. On 19 May 2017, Justice Barker handed down his decision in relation to the Ngurra Kayanta ‘Part B’ proceedings. The effect of His Honour’s decision meant that exclusive native title rights and interests were to be recognised over the Kulyakartu ‘Part B’ area and this was reflected in the Kulyakartu ‘Part B’ determination, made by Justice McKerracher on 27 October 2017.

 

Claim – WAD 293 of 2005 Part B

Federal Court of Australia Summary
Title: Muuki Taylor & Ors v State of Western Australia & Anor
Applicant Names: Muuki Taylor, Wakka Taylor, Meridoo Walbidi, Daniel Walbidi, Simon Frank and Corina Jadai
Application type: Claimant Application
Date filed: 11 October 2005
FCA No: WAD 293 of 2005

 

National Native Title Tribunal Summary: Kulyakartu
NNTT No: WC05/7
Register of NT claims: Registered
NNTT Status: Active
Area Description/Location: East Pilbara region of Western Australia
Claim area size (approximate): 3,550 km2
Notification Status: Notification Complete
Notification closing date: 20 September 2006
In mediation: Yes
Date Finalised:

Claim – WAD 720 of 2015 Part B

Federal Court of Australia Summary
Title: Muuki Taylor & Ors v State of Western Australia & Anor
Applicant Names: Muuki Taylor, Wakka Taylor, Meridoo Walbidi, Daniel Walbidi, Simon Frank and Corina Jadai
Application type: Claimant Application
Date filed: 4 December 2015
FCA No: WAD 720 of 2015

 

National Native Title Tribunal Summary: Kulyakartu # 2
NNTT No: WC15/6
Register of NT claims: Not registered
NNTT Status: Active
Area Description/Location: East Pilbara region of Western Australia
Claim area size (approximate): 3,550 km2
Notification Status: Notification Complete
Notification closing date: 20 September 2006
In mediation: Yes
Date Finalised: 27 October 2017

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Determination

Determination 1 – Kulyakartu (Part A) (WAD293/2005), Kulyakartu #2 (Part A) (WAD720/2015)

Determination type: Consent Determination
Determination date: 12 October 2016
NT rights and interests recognised: The determination of native title recognises the right of possession, occupation, use and enjoyment of the determination area to the exclusion of all others.

Determination 2 – Kulyakartu (Part B) (WAD293/2005), Kulyakartu #2 (Part B) (WAD720/2015)

Determination type: Consent Determination
Determination date: 27 October 2017
NT rights and interests recognised: The determination of native title recognises the right of possession, occupation, use and enjoyment of the determination area to the exclusion of all others.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: The Kulyakartu native title holders nominated Kulyakartu (Aboriginal Corporation) RNTBC to hold in trust their native title rights and interests, as determined in Kulyakartu ‘Part A’.It is the Kulyakartu native title holders’ intention that the Kulyakartu (Aboriginal Corporation) RNTBC will be the PBC for the ‘Part B’ area.Kulyakartu (Aboriginal Corporation) RNTBC is intending to hold approximately 1 – 2 General Meetings and 2 – 3 Directors’ Meetings per year.
PBC Contact details: Contact Person: Ebony Humble
Kulyakartu Aboriginal Corporation RNTBC
C/- Central Desert Native Title Services
Suite 2, 76 Wittenoom Street
East Perth WA 6004

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Land Access & Future Acts

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

As noted above, the entirety of the Kulyakartu determination area is subject to native title rights and interests that afford the Kulyakartu native title holders exclusive possession, occupation, use and enjoyment of the Kulyakartu 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 Kulyakartu determination area will require the consent of the Kulyakartu native title holders and KAC.

Access to Kulyakartu native title claim for mining and petroleum tenure purposes

KAC have not as yet developed a standard agreement for the purpose of protecting cultural heritage sites and areas of cultural significance during the conduct of exploration or prospecting activities within the Kulyakartu determination area. Accordingly, Central Desert will seek instructions from KAC on a case-by-case basis.

Access to Kulyakartu native title claim for non-mining tenure purposes

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

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

Access to Kulyakartu native title claim for other purposes

As there are no public roads or rights of way leading into the Kulyakartu determination area, access for all other purposes requires the consent of KAC.


Please contact our Future Acts Officer, if you wish to access the Kulyakartu native title claim area or have any queries in relation to Land Access on the Kulyakartu native title claim area.

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Links

Native Title Consent Determination Kulyakartu Determination Part A
Kulyakartu Determination Part B
Reasons for Judgment on Nomination of Prescribed Body Corporate n/a
Media Release n/a
Newsletters Newsletter Vol. 1 – Kulyakartu Claim Update 2015
PBC Rules Kulyakartu Rule Book

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