The Untiri Pulka (WAD472/2019) native title claim was determined by way of consent on 27 July 2020. Due to COVID-19 restrictions, the determination occurred purely in a procedural sense, however we are hopeful of an on-country ceremony in 2021.
Claim
| Federal Court of Australia Summary | |
|---|---|
| Title: | Minning on behalf of the Untiri Pulka Native Title Group v State of Western Australia [2020] FCA 1051 |
| Applicant Names: | James Minning |
| Application type: | Claimant Application |
| Date filed: | 19 September 2019 |
| FCA No: | WAD 472 of 2019 |
| National Native Title Tribunal Summary | |
|---|---|
| NNTC No: | WC2019/011 |
| Register of NT Claims: | Registered |
| NNTC Status: | Active |
| Area Description/Location: | South east areas of the Central Desert region |
| Claim area size (approximate): | 66,309.23 km2 |
| Notification Status: | Notification complete |
| Notification closing date: | 31 March 2020 |
| In mediation: | n/a |
| Date Finalised: | 27 July 2020 |
Determination
| Determination Type: | Consent Determination |
| Determination Date: | 27 July 2020 |
| NT rights and interests recognised: | The determination of native title recognises the right to possession, occupation, use and enjoyment to the exclusion of all others over most of the determination area:
a) The right to access, remain in and use that part; b) the right to access, take and use the resources of that part for any purpose; c) the right to engage in spiritual and cultural activities in that part; and d) the right to maintain and protect places of significance on that part. |
Prescribed Body Corporate
| Nominated Prescribed Body Corporate: | Pila Nguru (Aboriginal Corporation) RNTBC |
| PBC Contact Details: | Contact Person: Ian Baird Pila Nguru (Aboriginal Corporation) RNTBC Tjuntjuntjarra Community Office Tjuntjuntjarra WA 6430 Tel: (08) 9037 1100 Fax: (08) 9037 1101 |
Land Access & Future Acts
Pila Nguru (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. Approximately two thirds of the determination area is subject to native title rights and interest that give the Untiri Pulka native title holders exclusive possession, occupation, use and enjoyment of this area. This is the highest form of native title recognition at law and means that entry onto that part of the determination area for purposes other than for mining or petroleum tenure purposes requires the consent of the Untiri Pulka native title holders.
Exploration and prospecting mineral titles
Pila Nguru (Aboriginal Corporation) RNTBC has standard agreements to offer to mining companies in relation to exploration work on their determined lands depending upon the location and type of the mining tenure. The agreement includes permission for access, the protection of cultural heritage and compensation for the effects of mining on native title rights and interests.
Other mineral and petroleum titles
Pila Nguru (Aboriginal Corporation) RNTBC requires all mining companies who wish to explore on mining leases to commence negotiations on the impact that 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.
For more information about land access and future acts, please contact Central Desert Native Title Services.
Links
| Native Title Consent Determination | Minning on behalf of the Untiri Pulka People v State of Western Australia [2020] FCA 1051 (27 July 2020) |
| Nomination of Prescribed Body Corporate | Pila Nguru (Aboriginal Corporation) RNTBC ICN: 3731 |
| Media releases | |
| Prescribed Body Corporate Rules | Pila Nguru (Aboriginal Corporation) Rules and Objects Pila Nguru Rule Book |
| Other Details | ORIC details for Pila Nguru |
