Spinifex

 

 

 

 

 

 

 

 

 

Claims
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

 

The Spinifex native title determination in 2000 was the first determination of native title in Western Australia following the commencement of the operation of the Native Title Act. The Federal Court recognised the exclusive native title rights and interests of the Spinifex people.

The Spinifex people nominated Pila Nguru (Aboriginal Corporation) RNTBC to hold their native title rights and interests on trust on their behalf.

Claims

Federal Court of Australia Summary
Title: Mark Anderson on behalf of the Spinifex People v The State of Western Australia and Ors
Applicant Names: Mark Anderson
Application type: Claimant Application
Date filed: 3 September 1998
FCA No: WAD 6043 of 1998

 

National Native Title Tribunal Summary
NNTT No: WC95/51
Register of NT claims: Not Registered
NNTT Status: Finalised – Fully Approved Determination
Area Description/Location: Great Victoria Desert, Western Australia
Claim area size (approximate): 50,000 km2
Notification Status:
Notification closing date:
In mediation:
Date Finalised: 28 November 2000

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Determination

Determination type: Consent Determination – fully determined
Determination date: 28 November 2000
NT rights and interests recognised: The determination of native title recognises the following rights and interests in the area of the determination:

  • a right to possess, occupy, use and enjoy the land, including the right to live on the land, to the exclusion of all others;
  • a right to make decisions about the use and enjoyment of the land;
  • a right to hunt and gather (including ochre) and to take water, for the purposes of satisfying their personal, domestic, social, cultural, religious, spiritual or non-commercial communal needs, including the observance of traditional laws and customs;
  • a right to maintain and protect sites of significance to the common law holders under their traditional laws and customs;
  • a right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners.

In the area described in Part B of the Second Schedule to the determination, the following rights and interests not to the exclusion of all others:

  • a right to possess, occupy, use and enjoy the land, including the right to live on the land;
  • a right to make decisions about the use and enjoyment of the land;
  • a right to hunt and gather (including ochre) and to take water, for the purposes of satisfying their personal, domestic, social, cultural, religious, spiritual or non-commercial communal needs, including the observance of traditional laws and customs;
  • a right to maintain and protect sites of significance to the common law holders under their traditional laws and customs;
  • a right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners.

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Prescribed Body Corporate

Pila Nguru Logo

Nominated Prescribed Body Corporate: The Spinifex People nominated Pila Nguru (Aboriginal Corporation) RNTBC to hold in trust their recognised native title rights and interests.
PBC Contact details: Contact officer: Ian Baird
Pila Nguru (Aboriginal Corporation) RNTBC
Tjuntjuntjara Community Office
Tjuntjuntjara Community WA 6430
Tel: (08) 9037 1100
Fax: (08) 9037 1101

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Land Access and Future Acts

This native title determination recognises the native title rights of exclusive possession, occupation, use and enjoyment of the lands within the Spinifex determination area. This is the highest form of native title recognised at law.

Exclusive possession, occupation, use and enjoyment native title land means that in most cases entry onto Spinifex determination area will require the consent of the Spinifex native title holders.

A portion of the Spinifex determination is also subject to Use and Benefit Aboriginal Reserve 17614. Access to this Aboriginal Reserve 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 Spinifex native title holders.

For more information, please see the page detailing the Aboriginal Reserves within the Central Desert Region for the types of entry permits required on Aboriginal Reserves.

Further, a portion of the Spinifex determination area that is also subject to a 99 lease held by the Ngaanyatjarra Land Council. Entry to land subject to this lease will require the additional consent of the Ngaanyatjarra Land Council.

Access onto Spinifex native title determination area for mining and petroleum tenure purposes

Applicants or holders of mineral or petroleum titles are required to seek consent from the Spinifex native title holders to gain access onto the Spinifex native title determination area.

A Mining Entry Permit and Consent to Mine will also be required under the Aboriginal Affairs Planning Authority Act and the Mining Act or Petroleum and Geothermal Energy Resources Act in relation to accessing the Aboriginal Reserve within the Spinifex determination area for the purpose of mineral or petroleum activities.

The consent of the Ngaanyatjarra Land Council will also be required when the mineral or petroleum title is located on the 99 lease area.

Miners Rights cannot be granted on exclusive possession, occupation, use and enjoyment native title determination areas (including the marking out of title areas or traversing of land in the conduct of geo-physical or prospecting activities).

Exploration and prospecting mineral titles

The Spinifex prescribed body corporate, Pila Nguru (Aboriginal Corporation) RNTBC, has developed a standard Land Access and Mineral Exploration Agreement with the purposes of protecting cultural heritage sites and areas of cultural significance during the conduct of exploration or prospecting activities and permitting access for mineral exploration or prospecting activities.

Explorers are encouraged to accept the Deed of Agreement in its standard form to expedite the granting of the title. However, it can also form the basis of negotiations between explorers and the Spinifex native title holders.

Negotiations in relation to the Deed of Agreement are conducted by Central Desert under instructions from the Spinifex native title holders. Explorers will be invited to meet with the Spinifex native title holders and negotiate any outstanding issues directly.

Instructions will be required from Pila Nguru in relation to access for exploration or prospecting activities within the Aboriginal Reserve on a case-by-case.

Other mineral and petroleum titles

Instructions will be required from Pila Nguru in relation to agreements for access for all other mineral and petroleum title applications on a case-by-case basis.

Access onto Spinifex native title determination area for non-mining or petroleum tenure purposes

Applicants or holders of these titles are required to seek consent from the Spinifex native title holders to gain access onto the Spinifex native title determination area.

The consent of the Ngaanyatjarra Land Council will also be required when the title is located on land subject to a 99 year lease.

Low impact titles cannot be granted on exclusive possession, occupation, use and enjoyment native title determination areas.

Access onto Spinifex native title determination area for other purposes

Access to the Spinifex native title determination for all other purposes requires the consent of the Spinifex native title holders.

The only area the public can enter that is recognised under the Spinifex determination is the Serpentine Lakes Road. Members of the public wishing to traverse this road may do so, however, no access off the Serpentine Lakes Road onto the Spinifex determination area is permitted without the consent of the Spinifex native title holders.


Please contact our Future Acts Officer should you wish to access the Spinifex determination area, have any queries in relation to Land Access on the Spinifex native title determination area or wish obtain a copy of the relevant Land Access Agreement.

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Links

Native Title Consent Determination Anderson v Western Australia [2000] FCA 1171 (28 November 2000)
Reasons for Judgment on Nomination of Prescribed Body Corporate n/a
Media Release Pila Nguru Media Release 2012
PBC Rules Pila Nguru Rule Book

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