Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
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The Lappi Lappi and Ngulupi native title claim was filed on 15 February 2018 and determined by consent on 24 October 2018.
The Lappi Lappi and Ngulupi native title holders nominated Rapi Aboriginal Corporation as their prescribed body corporate.
Prescribed Body Corporate
| Nominated Prescribed body corporate | Rapi (Aboriginal Corporation) RTNBC |
| PBC Contact Details: | Contact Person: Emilie Goegan Rapi (Aboriginal Corporation) RTNBC c/- 76 Wittenoom Street East Perth WA 6004 |
Claim Details
| Federal Court of Australia Summary | |
|---|---|
| Title: | Peter Tex & Ors v State of Western Australia |
| Applicant Names: | Peter Tex, Nelson Tex, Tammy Wilson, Donovan Brown, Megan Darkie, Teddy Gibson, Christine Ellis Michaels, Cheryl Darkie |
| Application type: | Claimant Application |
| Date filed: | 15 February 2018 |
| FCA No: | WAD 48 of 2018 |
Determination
| Determination type: | Consent Determination |
| Determination date: | 24 October 2018 |
| 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. |
Land Access & Future Acts
The consent of Rapi Aboriginal Corporation is required prior to obtaining access to the determination area. This is because the entirety of the area is covered by Aboriginal Reserves 24923 and 26399, both of which are for the purpose of “Use and Benefit of Aboriginal Inhabitants”, created in accordance with the Land Administration Act 1997 (WA) and vested in the Aboriginal Lands Trust created pursuant to section 20 of the Aboriginal Affairs Planning Authority Act 1972 (WA).
Access to Aboriginal Reserves is gained through an entry permit under the Aboriginal Affairs Planning Authority Act 1972 (WA). An entry permit under the Act will not be granted without the consent of the Rapi Aboriginal Corporation.
For more information, please see the page detailing Aboriginal Reserves within the Central Desert Region for the types of entry permits required on Aboriginal Reserves.
Access onto Aboriginal Reserves for mining and petroleum tenure purposes
Exploration and prospecting mineral titles
Applicants or holders of mining or petroleum titles are required to seek the consent of the Rapi Aboriginal Corporation to gain access onto the determination area, which includes the Aboriginal Reserves.
A Mining Access Permit will also be required under the Aboriginal Affairs Planning Authority Act 1972 (WA) and the Mining Act 1978 (WA) or Petroleum and Geothermal Energy Resources Act 1967 (WA) in relation to accessing the determination area, which includes the Aboriginal Reserves, for the purpose of mineral or petroleum activities.
The Lappi Lappi and Ngulupi native title holders have developed a standard Land Access Agreement for Exploration and Prospecting for the purpose of permitting access for mineral exploration or prospecting activities and subsequently 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 Agreement for Exploration and Prospecting in its standard form to expedite the granting of the title and enable access to the relevant tenure.
If negotiations are undertaken in relation to the Land Access Agreement for Exploration and Prospecting, they will be conducted by Central Desert under instructions from the Lappi Lappi and Ngulupi native title holders. Companies may be invited to meet with the Lappi Lappi and Ngulupi native title holders and negotiate any outstanding issues directly.
Other mineral and petroleum titles
Specific instructions will need to be sought from the Lappi Lappi and Ngulupi native title holders in relation to all other applications for mineral titles and/or petroleum titles within the Lappi Lapp and Ngulupi determination area.
Access onto Aboriginal Reserves for other tenure purposes
There is no standard process for dealing with non-mining and petroleum tenure on the Lappi Lappi and Ngulupi determination area. Accordingly, Central Desert will seek instructions from the Rapi Aboriginal Corporation on a case-by-case basis.
In any event, access to the Lappi Lappi and Ngulupi determination area, including the Aboriginal Reserves, for non-mining/petroleum tenure purposes requires the consent of the Rapi Aboriginal Corporation.
Access onto Aboriginal Reserves for other purposes
Access to the Lappi Lappi and Ngulupi determination area, including the Aboriginal Reserves, for all other purposes requires the consent of the Rapi Aboriginal Corporation.
A Transit Permit will also be required under the Aboriginal Affairs Planning Authority Act 1972 (WA) in relation to accessing the determination area, which includes the Aboriginal Reserves, for any other purpose.
Please contact our Future Acts Officer, if you wish to access the Lappi Lappi and Ngulupi area or have any queries in relation to Land Access on the Lappi Lappi and Ngulupi determination area.
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