Tjiwarl

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

The Tjiwarl native title claim was determined by Justice Debra Mortimer on 27 April 2017 at a ceremonial sitting of the Federal Court of Australia at Jones’ Creek, north of the town of Leinster.

The claim was first filed on 17th June 2011 and covers approximately 13,623.41 square kilometres of land and waters located partly within the Shires of Wiluna, Leonora and Sandstone and encompasses the mining town of Leinster.

The claim was contested by the State of Western Australia and two weeks of connection evidence was heard on-country from 27 July – 5 August 2015 with expert anthropological and linguistic evidence following in Perth on 27 – 29 October 2015. Extinguishment arguments and final submissions were made on 13 – 15 December 2015. The extinguishment submissions included a legal challenge to the validity of different forms of tenure granted the State of Western Australia on the basis that they were invalid future acts.

On 16 December 2016 Justice Mortimer ruled in favour of the Tjiwarl claim group’s connection to the land. The judgment included a ruling that six miscellaneous licences in the determination area were invalid future acts with no force or affect against the recognised native title rights and interests of the Tjiwarl native title holders.

On 1 February 2018 the Full Court of the Federal Court of Australia handed down reasons for judgment in favour of two separate appeals brought by BHP Billiton Nickel West and the State of Western Australia.  The Full Court judgment has significant consequences for native title groups across Australia in relation to the validity of the “future act provisions” of the Native Title Act (which provides special procedural rights to native title groups) and about the beneficial interpretation of section 47B of the Native Title Act (which allows previous historical extinguishment to be disregarded when recognising native title). The Tjiwarl native title holders have filed an application with the High Court of Australia to seek special leave to appeal these aspects of the Full Court’s orders.

Claim – WAD 228 of 2011

Federal Court of Australia Summary
Title: Keith Narrier and Ors on behalf of the Tjiwarl Native Title Claim Group v State of Western Australia
Applicant Names: KN (deceased), JA (deceased), Shirley Wonyabong, Edwin Beaman, Kado Muir, James Calyun and Charmaine Tullock.
Application type:  Claimant Application
Date filed:  17 June 2011
FCA No:  WAD 228/ 11

 

National Native Title Tribunal Summary
NNTT No:  WC 11/ 7
Register of NT claims:  Registered
NNTT Status:  Active
Area Description/Location:  Central Desert Region WA
Claim area size (approximate): 13,623.41 km2
Notification Status:  Closed
Notification closing date:  20 June 2012
In mediation:  No

Claim – Tjiwarl # 2 WAD 302 of 2015

The Tjiwarl #2 claim was determined together with the Tjiwarl #1 claim on 27 April 2017.

Federal Court of Australia Summary
Title: Edwin John Beaman & Ors v State of Western Australia (Tjiwarl #2)
Applicant Names: Edwin John Beaman, Keith Narrier, Brett Andrew Lewis, Henry Ashwin
Application type:  Claimant Application
Date filed:  22 June 2015
FCA No:  WAD 302/2015

 

National Native Title Tribunal Summary
NNTT No:  WC 15/2
Register of NT claims:  Registered
NNTT Status:  Active
Area Description/Location:  Central Desert Region WA
Claim area size (approximate): 1,312 km2
Notification Status:  Closed
Notification closing date:  17 Feb 2016
In mediation:  No

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Determination

Determination type: Litigated Determination
Tribunal file no: WCD2017/001
Federal Court file no(s): WAD 228/2011 and WAD 302/2015
Judgment: Narrier v State of Western Australia [2016] FCA 1519; Narrier v State of Western Australia (No 2) [2017] FCA 104
BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARL #2) [2018] FCAFC 8
Determination date: 27 April 2017
NT rights and interests recognised: The nature and extent of the native title rights and interests in relation to parts of the determination area (identified in Schedule 3 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 majority of the determination area (other than those areas identified in Schedule 3 of the Determination) 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: Tjiwarl (Aboriginal Corporation) RNTBC
PBC Contact details: Tjiwarl (Aboriginal Corporation) RNTBC
Contact Person: Julian Santamaria
Suite 2, 76 Wittenoom Street
EAST PERTH, WA, 6004
(08) 9425 2000

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Land Access and Future Acts

Tjiwarl (Aboriginal Corporation) RNTBC is the registered Native Title Body Corporate on the National Native Title Register. Therefore, any access on to the native title area is regulated by the future acts process in the Native Title Act.

Access to Tjiwarl native title claim for mining or petroleum tenure purposes

Exploration and prospecting mineral titles

Tjiwarl (Aboriginal Corporation) RNTBC has developed a standard agreement to offer to mining companies in relation to exploration work on their determined lands.  Depending upon the location of the mining tenure, either a Land Access Agreement or an Exploration and Prospecting Licence will be offered.

Other mineral and petroleum titles

Tjiwarl (Aboriginal Corporation) RNTBC requires all mining companies who wish to explore on mining leases to commence negotiations on the impact that their projects have had or will have on native title. All other mineral and petroleum title applications will be assessed on a case-by-case basis.

Access to Tjiwarl native title lands for non-mining and petroleum tenure purposes

All non-mining/petroleum titles on determined native title lands 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.

Please contact the relevant government department for information on this process.

Please contact our Future Acts Officer, should you wish to access the Tjiwarl determination area, have any queries in relation to land access and future acts in the Tjiwarl determination area or wish to obtain a copy of the relevant future act agreement.

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Links

Native Title Consent Determination Narrier Judgment – 16 December 2016
Narrier (No 2) Judgment – 15 February 2017
BHP v KN Full Court Judgment – 1 February 2018
Reasons for Judgment on Nomination of Prescribed Body Corporate n/a
Media Release n/a
Newsletters n/a
PBC Rules Tjiwarl Rule Book

 

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