Wiluna / Tarlpa

 

 

 

 

 

 

 

 

 

Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links

The Wiluna and Tarlpa native title claims were largely determined with the consent of the parties on 29 July 2013.  The Federal Court held a hearing at Puwanu rockhole, a location within the determination area where Justice McKerracher determined the exclusive and non-exclusive native title rights and interests of the Wiluna people over the respective Wiluna and Tarlpa claim areas.

An area omitted from the Wiluna and Tarlpa determinations was the area of the Wiluna #2 native title claim which consists of two parcels of unallocated Crown land and was filed by the Wiluna people to allow for any historical extinguishment of native title rights and interests to be disregarded. This area was omitted while a question of law relating to that area was decided.

Following a successful outcome on the question of law on 15 July 2013, the Wiluna #2 application was determined by the Federal Court on 3 September 2013 in Perth.

The native title holders in the successful Wiluna Applications and the Tarlpa Application chose Tarlka Matuwa Piarku (Aboriginal Corporation) RNTBC (TMPAC) as their prescribed body corporate. TMPAC was registered on 21 November 2014 and determined as the prescribed body corporate on 8 December 2014.

Claim

Wiluna

Federal Court of Australia Summary
Title: WF (deceased) and Ors on behalf of the Wiluna People v The State of Western Australia
Applicant Names: Barry Abbott, Judy Ashwin, Alan Ashwin, KF (deceased), WF (deceased), FJ (deceased), JM (deceased), BP (deceased), Kitty Richards, Dusty Stevens, Norman Thompson, LT (deceased), Joyce Tullock and MT (deceased).
Application type: Claimant Application
Date filed: 30 September 1998
FCA No: WAD 6164 of 1998

 

National Native Title Tribunal Summary
NNTT No: WC99/24
Register of NT claims: Registered
NNTT Status: Finalised – Determined
Area Description/Location: Central Desert Region, Western Australia
Claim area size (approximate): 47,594 km2
Notification Status: Notification Complete
Notification closing date: 16 August 2000
In mediation: Not applicable
Date finalised: 29 July 2013

Wiluna #2

Federal Court of Australia Summary
Title: BP (deceased) and Ors v The State of Western Australia
Applicant Names: BP (deceased), Betty Anderson, BC (deceased), KC (deceased) and TS (deceased)
Application type: Claimant Application
Date filed: 24 October 2004
FCA No: WAD 241 of 2004

 

National Native Title Tribunal Summary
NNTT No: WC04/7
Register of NT claims: Not Registered
NNTT Status: Determined
Area Description/Location: Central Desert Region, Western Australia
Claim area size (approximate): 5,615.942 km2
Notification Status: Notification Complete
Notification closing date: 15 November 2006
In mediation: No
Date finalised: 3 September 2013

Tarlpa

Federal Court of Australia Summary
Title: LT (Deceased) and Ors on behalf of the Members of the Tarlpa Native Title Claim Group v The State of Western Australia
Applicant Names: LT (Deceased), FJ (Deceased), CB (Deceased) and Elisabeth Wonyabong
Application type: Claimant Application
Date filed: 14 December 2007
FCA No: WAD 248 of 2007

 

National Native Title Tribunal Summary
NNTT No: WC07/3
Register of NT claims: Registered
NNTT Status: Active
Area Description/Location: Central Desert Region Western Australia
Claim area size (approximate): 2,265.26 km2
Notification Status: Complete
Notification closing date: 29 October 2008
In mediation: No
Date Finalised: 29 July 2013

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Determination

Wiluna and Tarlpa

Determination type: Consent Determination
Determination date: 29 July 2013
NT rights and interests recognised: The determination of native title recognises the following rights and interests in those parts of the area of the determination that are also covered by pastoral leases and which does not include a right of exclusive possession in those parts:

  • the right of access, to remain in and use the determination area;
  • the right to take and use resources in the determination area to satisfy the native title holders, personal, domestic or non-commercial communal needs; and
  • the right to have access to, maintain and protect places, and areas and objects of importance on or in the determination area.

The determination of native title recognises that the native title holders have the right of possession, occupation, use and enjoyment of parts of the determination area as against the whole world (see maps in Schedule 7 of the Determination of Native Title).

Wiluna #2

Determination type: Contested Determination
Determination date: 3 September 2013
NT rights and interests recognised: The determination of native title recognises that the native title holders have the right of possession, occupation, use and enjoyment of the determination areas as against the whole world.
The right of possession, occupation, use and enjoyment to the exclusion of all others, except in relation to flowing and subterranean water.

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Prescribed Body Corporate

Nominated Prescribed Body Corporate: Tarlka Matuwa Piarku (Aboriginal Corporation) RNTBC holds the native title rights and interests.
PBC Contact details: Tarlka Matuwa Piarku (Aboriginal Corporation)
Contact Officer: Sebastiano Galati
59 Angesca Crescent, BELHUS WA 6069
9297 4700

As of 25 June 2015, Central Desert Native Title Services Limited, no longer provides services to Tarlka Matuwa Piarku (Aboriginal Corporation) in relation to corporate governance, land access, future acts and heritage.

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Land Access and Future Acts

Central Desert does not service the Wiluna / Tarlpa determination area.

Please contact the Tarlka Matuwa Piarku (Aboriginal Corporation) , through the PBC Contact details listed above for any queries in relation to Land Access within the Wiluna/Tarlpa determination area.


 

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Links

Native Title Consent Determination WF (deceased) and Others on behalf of the Wiluna People v the State of Western Australia [2013] FCA 755 (29 July 2013)BP (deceased) and Others v State of Western Australia [2013] FCA 760 (3 September 2013)
Nomination of Prescribed Body Corporate The Wiluna People nominated Tarlka Matuwa Piarku (Aboriginal Corporation) to hold in trust their recognised native title rights and interests
Media releases Media Statement Toro Proposed Uranium Mine 2012
PBC rules Constitution of TMPAC
YouTube Wiluna Native Title Determination 2013

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