Manta Rirrtinya

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

The Manta Rirrtinya (WAD 453 of 2017) native title claim was determined by way of consent on 13 September 2018 at a ceremonial sitting of the Federal Court of Australia at location on country near Empress Spring, north-east of the town of Laverton.

Claim

Federal Court of Australia Summary
Title: Kado Muir & Ors and The State of Western Australia (Manta Rirrtinya)
Applicant Names: Kado Muir, Harvey Murray, Luke George, Troy Chapman, Roslyn Narrier, Ivan Wongawol, Sandra Evans, Vanessa Thomas
Application type: Claimant Application
Date filed: 15 September 2017
FCA No: WAD 453/2017

 

National Native Title Tribunal Summary
NNTT No: WC 2017/005
Register of NT claims: Registered
NNTT Status: Active
Claim area size (approximate): 23,527 km2
Notification Status: Notification Complete
Notification period: 7 February 2018 – 7 May 2018
In mediation: No
Date Finalised: 13 September 2018

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Determination

Determination type: Consent Determination
Determination date: 13 September 2018
NT rights and interests recognised: The nature and extent of the native title rights and interests in relation to the majority of the determination area, (see Schedules 3 and 6 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 remainder of the determination area is:

  • 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; and
  • The right to maintain and protect places, areas and objects of significance on that part.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: Wakamurru (Aboriginal Corporation) RNTBC (ICN: 8860) to hold in trust the recognised native title rights and interests.
PBC Contact details: Contact Person: Michael McMahon
Wakamurru (Aboriginal Corporation) RNTBC
c/– Central Desert Native Title Services Ltd
76 Wittenoom Street
East Perth, WA 6004

 

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Land Access & Future Acts

Any proposed access to the Manta Rirrtinya determination area is regulated by the future acts processes in the Native Title Act 1993 (Cth).

As noted above, the majority of the Manta Rirrtinya determination area is subject to native title rights and interests that afford the Manta Rirrtinya native title holders exclusive possession, occupation, use and enjoyment of the Manta Rirrtinya determination area, as against all others. This is the highest form of native title recognised at law and means that entry onto those parts of determination area will require the consent of the Manta Rirrtinya native title holders.

Access onto the Manta Rirrtinya claim area for mining or petroleum tenure purposes

Exploration and prospecting mineral titles

The Manta Rirrtinya native title holders have developed a standard Land Access and Mineral Exploration Deed of Agreement for the purpose of permitting access for mineral exploration or prospecting activities and subsequently protecting 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 and Mineral Exploration Agreement 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 and Mineral Exploration Deed of Agreement, they will be conducted by Central Desert under instructions from the Manta Rirrtinya native title holders. Companies may be invited to meet with the Manta Rirrtinya native title holders and negotiate any outstanding issues directly.

Other mineral and petroleum titles

Specific instructions will need to be sought from the Manta Rirrtinya native title holders in relation to all other applications for mineral titles and/or petroleum titles within the Manta Rirrtinya determination area.

Access onto the Manta Rirrtinya claim area for non-mining/petroleum tenure purposes

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

Access onto the Manta Rirrtinya claim area for other purposes

Access to the Manta Rirrtinya determination area for all other purposes requires the consent of the Manta Rirrtinya native title holders.

Please contact our Future Acts Officer should you wish to access the Manta Rirrtinya determination area, have any queries in relation to land access on the Manta Rirrtinya determination area or wish obtain a copy of the relevant Deed of Agreement. 

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Links

Native Title Consent Determination Muir on behalf of the Manta Rirrtinya People v State of Western Australia [2018] FCA 1388 (13 September 2018)
Nomination of Prescribed Body Corporate The Orders in relation to the nomination of a PBC were made at the same time as the claim was determined on 13 September 2018. Follow this link to view Orders made by Justice Charlesworth.Follow this link to view the NNTT determination information page
Media releases
Prescribed Body Corporate Rules Wakamurru (Aboriginal Corporation) Rules and Objects- Rule Book
Other Details ORIC details for Wakamurru (Aboriginal Corporation)

 

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