Ngaanyatjarra Lands

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

The area of the Ngaanyatjarra Lands Part A native title claim was the subject of a determination of native title by Chief Justice Black of the Federal Court of Australia on 29 June 2005. At the same time the native title holders nominated the Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) RNTBC to hold their native title rights and interests on trust on their behalf.

The Ngaanyatjarra Lands Part A determination left a small sliver of land for later determination following the resolution of native title claim overlaps with two other claims. The overlaps were resolved in early 2008 and the determination of the Ngaanyatjarra Lands Part B native title claim followed in June 2008 to resolve the entirety of the Ngaanyatjarra Lands claim area.

Ngaanyatjarra Council (Aboriginal Corporation) provides native title services to Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) RNTBC in the combined Ngaanyatjarra Lands determination area.

Claim

Federal Court of Australia Summary
Title: Stanley Mervyn and Ors v The State of Western Australia and Ors
Applicant Names: Grant Frazer, Stanley Mervyn, Fred Ward, Andrew Watson, Livingston West, Philip West, Adrian Young
Application type: Claimant Application
Date filed: 23 April 2004
FCA No: WAD 6004 of 2004

Part A

National Native Title Tribunal Summary
NNTT No: WC04/3
Register of NT claims: Not Registered
NNTT Status: Finalised
Area Description/Location: Central Desert Region, Western Australia
Claim area size (approximate): 1,427.82147km2
Notification Status: -
Notification closing date: -
In mediation: n/a
Date Finalised: 26 June 2005

Part B

National Native Title Tribunal Summary
NNTT No: WC04/3
Register of NT claims: Yes
NNTT Status: Finalised – Fully Determined
Area Description/Location: Gibson Desert, Western Australia
Claim area size (approximate): 187,600km2
Notification Status: -
Notification closing date: -
In mediation: n/a
Date Finalised: 3 June 2008

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Determination

Determination type: Consent Determination -fully determined
Determination date: 3 June 2008
NT rights and interests recognised: The determination of native title recognises the following rights and interests in the area of the determination:1. In those parts of the determination area where there has been partial extinguishment:

a) the right to enter and remain;
b) the right to take fauna and flora;
c) the right to take water for personnel, domestic, or non-commercial communal purposes;
d) the right to take other natural resources such as ochre, stones, soils, wood & resin;
e) the right to care for, maintain and protect from physical harm particular sites and areas of significance to the native title holders.

2. In those parts of the Determination Area where here has been no extinguishment or extinguishment is disregarded:

a) the right of possession, occupation, use and enjoyment to the exclusion of all others (except in relation to flowing and subterranean water;
b) the right to take flowing and subterranean water for personnel, domestic, or non-commercial communal purposes.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: Yarnangu Ngaanyatjarraku Parna (Aboriginal Corporation) RNTBC.
PBC Contact details: C/- Ngaanyatjarra Council (Aboriginal Corporation)
58 Head Street, Alice Springs NT 0870
PO Box 644, Alice Spings NT 0871
Tel: (08) 8950 1711
Fax: (08) 8953 1892

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Land Access & Future Acts

The determination of native title in both Part A and Part B recognised the right of possession, occupation, use and enjoyment to the exclusion of all others of the lands within the combined Ngaanyatjarra Lands determination area. This is the highest form of native title recognised at law.

Exclusive use, possession, occupation and enjoyment native title means that in most cases entry onto the Ngaanyatjarra determination area requires the consent of the Ngaanyatjarra native title holders.

Part of the combined Ngaanyatjarra Lands determination area is also subject to Aboriginal Reserves. Access to Aboriginal Reserves is gained through an entry permit under the Aboriginal Affairs Planning Authority Act. An entry permit under the Aboriginal Affairs Planning Authority Act will not be granted without the consent of the Ngaanyatjarra native title holders.

Further, there are portions of the combined Ngaanyatjarra Lands determination area that are subject to either 99 or 50-year old leases held by the Ngaanyatjarra Land Council. Land that is subject to these leases will required the additional consent of the Ngaanyatjarra Land Council.

Please contact Ngaanyatjarra Council (Aboriginal Corporation), 58 Head Street Alice Springs NT 0870; tel: (08) 8950 1711, if you wish to access the Ngaanyatjarra Lands, have any queries in relation to Land Access on the Ngaanyatjarra native title determination area or wish to obtain a copy of a relevant land access agreement.

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Links

Native Title Consent Determination Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors (unreported, FCA, 3 June 2008, French J)Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia [2005] FCA 831
Reasons for Judgement on Nomination of Prescribed Body Corporate as above
Media releases  n/a
PBC rules Yarnangu Ngaanyatjarraku Partna (Aboriginal Corporation) RNTBC Rules of Association

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