In March 2012, the Traditional Owners of the Gibson Desert Nature Reserve filed a compensation application under the Native Title Act 1993 (Cth) (NTA) in relation to the creation and vesting of the Gibson Desert Nature Reserve in 1977, and the resulting extinguishment of of the group’s native title (WAD 86/2012). For a number of reasons, in May 2016, the Traditional Owners discontinued WAD 86/2012.
Since October 2017, the Traditional Owners have been engaged in negotiations with the State Government, directed towards settling the State’s compensation liability for the creation and vesting of the Reserve.
These negotiations culminated at a signing ceremony held on-country on 29 October 2020, at which the State and the Traditional Owners of the Pila Nature Reserve (formerly the Gibson Desert Nature Reserve), finalised and executed the Gibson Desert Nature Reserve Compensation and Lurrtjurrlulu Palakitjalu Settlement Agreement (CLPSA),
The CLPSA will run for a term of 10 years and provide a range of benefits for the Traditional Owners, via Warnpurru (Aboriginal Corporation), with the focus being a commitment to the effective joint management of the Pila Nature Reserve. The CLPSA is available to view publicly at the link below.
One aspect of the settlement framework agreed to by the parties under the CLPSA, is a parallel Court process involving the Traditional Owners lodging a compensation application in the Federal Court, intended to be determined by consent of the parties. The claim was filed on 18 September 2020 (WAD 222/2020). See below for further details.
Another key aspect to the CLPSA is the State having agreed to the Traditional Owners filing a native title determination application over the Reserve on the basis of the new section 47C of the NTA as passed on 2 February 2021 by Federal Parliament in the Native Title Legislation Amendment Act 2021 (Cth). On 28 July 2021, the Traditional Owners filed the native title claim in the Federal Court (WAD 174/2021).
It is the intention of the parties, as recorded in the CLPSA, that these two claims be determined concurrently.
|Federal Court of Australia Summary|
|Title:||Gibson Desert Nature Reserve Compensation Claim Group|
|Applicant Names:||Daisy Tjuparntarri Ward, Ben Junior Ralph Brown, Andrew Jones, Leese Giles, Paul Carnegie, Clarabelle Ward Kenda|
|Date filed:||18 September 2020|
|FCA No:||WAD 222/2020|
|Native Title Tribunal Summary|
|Register of NT Claims:||Registered|
|Area Description/Location:||Central Desert|
|Claim Area Size (approximately):||18,404 km2|
|Notification Status:||Notification complete|
|Notification period:||16 December 2020 to 15 March 2021|
There has been no determination made.
Previous compensation claim (WAD 86/2012)
- Ward v Western Australia  FCA 281
- State of Western Australia v Ward  FCAFC 54
- Ward v State of Western Australia (No 2)  FCA 825
- Ward v State of Western Australia (No 3)  FCA 658
- Ward v State of Western Australia (No 4)  FCA 358
Copy of CLPSA
Link to a copy of the Gibson Desert Nature Reserve Compensation and Lurrtjurrlulu Palakitjalu Settlement Agreement.