Martu

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

 

The Martu native title claim (WAD 6110/1998) was partially determined on 27 September 2002. The then Justice French of the Federal Court recognised the exclusive native title rights and interests of the Martu People. The PBC established for this area is called Western Desert Lands (Aboriginal Corporation) (Jamukurn-Yapalikunu). WDLAC holds the recognised native title rights and interests on trust for the benefit of the Martu native title holders. 

The remaining portion of the Martu claim (WAD 6110/1998), and two other claims made on behalf of the Martu native title holders, known as Martu #2 and Karnapyrri (WAD 141/2010 and WAD 77/2006 respectively), were determined on 16 May 2013 by Justice McKerracher of the Federal Court of Australia. WDLAC was also recognised as the PBC for these areas. 

Claim – Part A & B

Federal Court of Australia Summary
Title: Jeffery James and Ors on behalf of the Martu People v The State of Western Australia
Applicant Names: Teddy Biljabu, Pukina Burton, Billy Dunn, Kevin Fred, Patricia Fry, Mack Gardiner, Dulcie Gibbs, Lindsay Hardcase, Jeffery James, Grant Judson, Ben Odapanie, Nancy Paterson, Colin Peterson, Neil Pitu, Pincher Rubin, Nancy Taylor, Kenny Thomas, Lola Walker, Tommy Watson, Roley Williams, Frank French
Application type: Claimant Application
Date filed: 30 September 1998
FCA No: WAD 6110 of 1998

Claim – Martu No 2

Federal Court of Australia Summary
Title:  Colin Peterson & Ors v State of Western Australia (Martu #2)
Applicant Names: Roderick Ford, Roy Toby, Lindsay Hardcase, Kenny Thomas, Colin Peterson, Joshua Booth, Darren Farmer
Application type: Claimant Application
Date filed: 1 June 2010
FCA No: WAD 141 of 2010

Claim – Karnaryrri

Federal Court of Australia Summary
Title: Nabaru (Billy) Landy & Anor v State of Western Australia (Karnapyrri)
Applicant Names: Nabaru (Billy) Landy, Lynette Dunn
Application type: Claimant Application
Date filed: 22 March 2006
FCA No: WAD 77 of 2006

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Determination 1 – WAD6110/1998

Determination type: Consent Determination
Determination date: 27 September 2002
NT rights and interests recognised:

The determination of native title recognises the following rights and interests in the area of the determination:

a. the right to possess, occupy, use and enjoy the land and waters of the determination area to the exclusion of all others, including:

(i). the right to live on the determination area;

(ii). the right to make decisions about the use and enjoyment of the determination area;

(iii). the right to hunt and gather, and to take the waters for the purpose of satisfying their personal,domestic, social, cultural, religious, spiritual, ceremonial and communal needs;

(iv). the right to control access to, and activities conducted by others on, the land and waters of the determination area;

(v). the right to maintain and protect sites and areas which are of significance to the common law holders under their traditional laws and customs; and

(vi). the right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners of the determination area;

b. the right to use the following traditionally accessed resources:

(i). ochre;

(ii). soils;

(iii). rocks and stones; and

(iv). flora and fauna for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs; and

c. the right to take, use and enjoy the flowing and subterranean waters in accordance with their traditional laws and customs for personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs, including the right to hunt on and gather and fish from the flowing and subterranean waters.

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Determination 2 – WAD6110/98 Part B, WAD141/2010, WAD77/2006

Determination type: Consent Determination
Determination date: 16 May 2013
NT rights and interests recognised: The determination of native title recognises the following rights and interests in the area of the determination: the right to possess, occupy, use and enjoy the land and waters of the determination area to the exclusion of all others, including:(i). the right to live on the determination area;(ii). the right to make decisions about the use and enjoyment of the determination area;

(iii). the right to hunt and gather, and to take the waters for the purpose of satisfying their personal,domestic, social, cultural, religious, spiritual, ceremonial and communal needs;

(iv). the right to control access to, and activities conducted by others on, the land and waters of the determination area;

(v). the right to maintain and protect sites and areas which are of significance to the common law holders under their traditional laws and customs; and

(vi). the right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners of the determination area.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: Western Desert Lands Aboriginal Corporation
(Jamukurnu-Yapalikunu)PBC .
PBC Contact details: PO Box 331 , West Perth WA 6872
Tel: (08) 9486 9797
Fax: (08) 9486 9798

Links

  • Native Title Consent DeterminationJames on behalf of the Martu People v Western Australia [2002] FCA 1208  (27 September 2002)
  • Reasons for Judgment on Nomination of Prescribed Body Corporate: James on behalf of the Martu People v Western Australia (No 2) [2003] FCA 731 (17 July 2003)
  • Peterson v State of Western Australia [2013] FCA 518 (16 May 2013)
  • Media Release PBC RulesWestern Desert Lands (Aboriginal Corporation) Rules of Association