Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
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The Tjiwarl native title claim was determined by Justice Debra Mortimer on 27 April 2017 at a ceremonial sitting of the Federal Court of Australia at Jones’ Creek, north of the mining town of Leinster.
The Tjiwarl native title holders nominated Tjiwarl (Aboriginal Corporation) RNTBC as their prescribed body corporate.
Prescribed Body Corporate
| Nominated Prescribed Body Corporate: | Tjiwarl (Aboriginal Corporation) RNTBC |
| PBC Contact details: | Contact Person: Greg Ryan-Gadsden Tjiwarl (Aboriginal Corporation) RNTBC Unit 6, 524 Abernrthy Road Kewdale WA 6105 (08) 9200 3730 www.tjiwarl.org.au |
Claim Details
| Federal Court of Australia Summary | |
|---|---|
| Title: | Keith Narrier and Ors on behalf of the Tjiwarl Native Title Claim Group v State of Western Australia |
| Applicant Names: | KN (deceased), JA (deceased), Shirley Wonyabong, Edwin Beaman, Kado Muir, James Calyun and Charmaine Tullock. |
| Application type: | Claimant Application |
| Date filed: | 17 June 2011 |
| FCA No: | WAD 228/ 11 |
| National Native Title Tribunal Summary | |
|---|---|
| NNTT No: | WC 11/ 7 |
| Register of NT claims: | Registered |
| NNTT Status: | Active |
| Area Description/Location: | Central Desert Region WA |
| Claim area size (approximate): | 13,623.41 km2 |
| Notification Status: | Closed |
| Notification closing date: | 20 June 2012 |
| In mediation: | No |
Claim – Tjiwarl # 2 WAD 302 of 2015
The Tjiwarl #2 claim was determined together with the Tjiwarl #1 claim on 27 April 2017.
| Federal Court of Australia Summary | |
|---|---|
| Title: | Edwin John Beaman & Ors v State of Western Australia (Tjiwarl #2) |
| Applicant Names: | Edwin John Beaman, KN (Deceased), Brett Andrew Lewis, Henry Ashwin |
| Application type: | Claimant Application |
| Date filed: | 22 June 2015 |
| FCA No: | WAD 302/2015 |
| National Native Title Tribunal Summary | |
|---|---|
| NNTT No: | WC 15/2 |
| Register of NT claims: | Registered |
| NNTT Status: | Active |
| Area Description/Location: | Central Desert Region WA |
| Claim area size (approximate): | 1,312 km2 |
| Notification Status: | Closed |
| Notification closing date: | 17 Feb 2016 |
| In mediation: | No |
Determination
| Determination type: | Litigated Determination |
| Tribunal file no: | WCD2017/001 |
| Federal Court file no(s): | WAD 228/2011 and WAD 302/2015 |
| Judgment: | Narrier v State of Western Australia [2016] FCA 1519; Narrier v State of Western Australia (No 2) [2017] FCA 104 BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARL #2) [2018] FCAFC 8 Tjungarrayi v Western Australia [2019] HCA 12 |
| Determination date: | 27 April 2017 |
| NT rights and interests recognised: | The nature and extent of the native title rights and interests in relation to parts of the determination area (identified in Schedule 3 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 majority of the determination area (other than those areas identified in Schedule 3 of the Determination) are as follows:
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Land Access and Future Acts
Tjiwarl (Aboriginal Corporation) RNTBC is the registered Native Title Body Corporate on the National Native Title Register. Therefore, any access on to the native title area is regulated by the future acts process in the Native Title Act.
Access to Tjiwarl native title determination area for mining or petroleum tenure purposes
Exploration and prospecting mineral titles
Tjiwarl (Aboriginal Corporation) RNTBC has developed a standard agreement to offer to mining companies in relation to exploration work on their determined lands. Depending upon the location of the mining tenure, either a Land Access Agreement or an Exploration and Prospecting Licence will be offered.
Other mineral and petroleum titles
Tjiwarl (Aboriginal Corporation) RNTBC requires all mining companies who wish to explore on mining leases to commence negotiations on the impact that their projects have had or will have on native title. All other mineral and petroleum title applications will be assessed on a case-by-case basis.
Access to Tjiwarl native title lands for non-mining and petroleum tenure purposes
All non-mining/petroleum titles on determined native title lands require an application to be made to the relevant government department and the requisite notifications to be made under the future acts process in the Native Title Act.
Please contact the relevant government department for information on this process.
Please contact Tjiwarl (Aboriginal Corporation) RNTBC on admin@tjiwarl.org.au should you wish to access the Tjiwarl determination area, have any queries in relation to land access and future acts in the Tjiwarl determination area or wish to obtain a copy of the relevant future act agreement.
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