On 13 September 2018, the Honourable Justice Charlesworth of the Federal Court of Australia made a consent determination of the native title on country at a location near Empress Spring, which recognises over a majority of the determination area the Manta Rirrtinya native title holders’ rights to the possession, occupation, use and enjoyment of the determination area to the exlclusion of all others.
The Manta Rirrtinya Native Title Claim was filed on 15 September 2017, and was accepted for registration on 21 December 2017, and determined on 13 September 2018.
|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|
|Claim area size (approximate):||23,527 km2|
|Notification Status:||Notification Complete|
|Notification period:||7 February 2018 – 7 May 2018|
|Date Finalised:||Not yet finalised|
The Federal Court of Australia has scheduled an on-country determination to be held at Empress Spring on 13 September 2018.
On 28 June 2018, Wakamurru (Aboriginal Corporation) (ICN: 8860) was registered by the Office of the Registrar of Indigineous Corporations.
Wakamurru (Aboriginal Corporation) was determined as the PBC to hold the native title rights and interests on trust for Manta Rirrtinya at the same time the Manta Rirrtinya native title claim was determined on 13 September 2018.
The Manta Rirrtinya determination area is regulated by the future act processes under the Native Title Act 1993 (Cth).
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
Until the determination, Manta Rirrtinya native title holders request that access to the Manta Rirrtinya determination area for all other purposes is limited to the David Carnegie Road (running north-south) and the Gunbarrel Highway (east-west), and for people traversing these tracks to not deviate off them.
Please contact our Future Acts Officer should you wish to access the Manta Rirrtinya claim area, have any queries in relation to land access on the the Manta Rirrtinya claim area or wish obtain a copy of the relevant Deed of Agreement.
NNTT Application Details: