Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links
The Kulyakartu (WAD 293 of 2005) and Kulyakartu #2 (WAD 720 of 2015) native title claims were partially determined by way of consent on 12 October 2016 at an on-country hearing. Justice McKerracher, of the Federal Court of Australia, in making the determination recognised the exclusive native title rights and interests of the Kulyakartu native title holders over ‘Part A’ of the land and waters the subject of Kulyakartu and Kulyakartu #2.
The remaining portion of Kulyakartu and Kulyakartu #2, or ‘Part B’, which was previously covered by a petroleum exploration permit, was set aside pending the outcome of the litigation in ‘Part B’ of Ngurra Kayanta (WAD 410 of 2012) and Ngurra Kayanta #2 (WAD 326 of 2015), which dealt with the application of section 47B of the Native Title Act 1993 (Cth) over petroleum exploration permits. On 19 May 2017, Justice Barker handed down his decision in relation to the Ngurra Kayanta ‘Part B’ proceedings. The effect of His Honour’s decision meant that exclusive native title rights and interests were to be recognised over the Kulyakartu ‘Part B’ area and this was reflected in the Kulyakartu ‘Part B’ determination, made by Justice McKerracher on 27 October 2017.
Prescribed Body Corporate
| Nominated Prescribed Body Corporate: | Kulyakartu (Aboriginal Corporation) RNTBC (‘Part A’).
It is the Kulyakartu native title holders’ intention that the Kulyakartu (Aboriginal Corporation) RNTBC will be the PBC for the ‘Part B’ area. |
| PBC Contact details: | Contact Person: Rowena Purdy Kulyakartu Aboriginal Corporation RNTBC c/- 76 Wittenoom Street East Perth WA 6004 |
Claim Details – WAD 293 of 2005 Part B
| Federal Court of Australia Summary | |
|---|---|
| Title: | Muuki Taylor & Ors v State of Western Australia & Anor |
| Applicant Names: | Muuki Taylor, Wakka Taylor, Meridoo Walbidi, Daniel Walbidi, Simon Frank and Corina Jadai |
| Application type: | Claimant Application |
| Date filed: | 11 October 2005 |
| FCA No: | WAD 293 of 2005 |
| National Native Title Tribunal Summary: Kulyakartu | |
|---|---|
| NNTT No: | WC05/7 |
| Register of NT claims: | Registered |
| NNTT Status: | Active |
| Area Description/Location: | East Pilbara region of Western Australia |
| Claim area size (approximate): | 3,550 km2 |
| Notification Status: | Notification Complete |
| Notification closing date: | 20 September 2006 |
| In mediation: | Yes |
| Date Finalised: | |
Claim Details – WAD 720 of 2015 Part B
| Federal Court of Australia Summary | |
|---|---|
| Title: | Muuki Taylor & Ors v State of Western Australia & Anor |
| Applicant Names: | Muuki Taylor, Wakka Taylor, Meridoo Walbidi, Daniel Walbidi, Simon Frank and Corina Jadai |
| Application type: | Claimant Application |
| Date filed: | 4 December 2015 |
| FCA No: | WAD 720 of 2015 |
| National Native Title Tribunal Summary: Kulyakartu # 2 | |
|---|---|
| NNTT No: | WC15/6 |
| Register of NT claims: | Not registered |
| NNTT Status: | Active |
| Area Description/Location: | East Pilbara region of Western Australia |
| Claim area size (approximate): | 3,550 km2 |
| Notification Status: | Notification Complete |
| Notification closing date: | 20 September 2006 |
| In mediation: | Yes |
| Date Finalised: | 27 October 2017 |
Determination
Determination 1 – Kulyakartu (Part A) (WAD293/2005), Kulyakartu #2 (Part A) (WAD720/2015)
| Determination type: | Consent Determination |
| Determination date: | 12 October 2016 |
| NT rights and interests recognised: | The determination of native title recognises the right of possession, occupation, use and enjoyment of the determination area to the exclusion of all others. |
Determination 2 – Kulyakartu (Part B) (WAD293/2005), Kulyakartu #2 (Part B) (WAD720/2015)
| Determination type: | Consent Determination |
| Determination date: | 27 October 2017 |
| NT rights and interests recognised: | The determination of native title recognises the right of possession, occupation, use and enjoyment of the determination area to the exclusion of all others. |
Land Access & Future Acts
Kulyakartu (Aboriginal Corporation) RNTBC (KAC) is registered with the National Native Title Tribunal as the registered native title body corporate for the Kulyakartu (Part A) and Kulyakartu #2 (Part A) determination areas (collectively, the Kulyakartu determination area). Accordingly, any proposed access to the Kulyakartu determination area is regulated by the future acts processes in the Native Title Act 1993 (Cth).
As noted above, the entirety of the Kulyakartu determination area is subject to native title rights and interests that afford the Kulyakartu native title holders exclusive possession, occupation, use and enjoyment of the Kulyakartu determination area, as against all others. This is the highest form of native title recognised at law and means that in most cases, entry onto the Kulyakartu determination area will require the consent of the Kulyakartu native title holders and KAC.
Access to Kulyakartu native title claim for mining and petroleum tenure purposes
KAC have not as yet developed a standard agreement for the purpose of protecting cultural heritage sites and areas of cultural significance during the conduct of exploration or prospecting activities within the Kulyakartu determination area. Accordingly, Central Desert will seek instructions from KAC on a case-by-case basis.
Access to Kulyakartu native title claim for non-mining tenure purposes
All proposed non-mining/petroleum titles within the Kulyakartu determination area 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 1993 (Cth).
Applicants or holders of non-mining/petroleum titles within the Kulyakartu determination area are required to seek the consent of KAC for the purpose of accessing the titles.
Access to Kulyakartu native title claim for other purposes
As there are no public roads or rights of way leading into the Kulyakartu determination area, access for all other purposes requires the consent of KAC.
Please contact our Future Acts Officer, if you wish to access the Kulyakartu native title claim area or have any queries in relation to Land Access on the Kulyakartu native title claim area.
Links
| Native Title Consent Determination | Kulyakartu Determination Part A Kulyakartu Determination Part B |
| Reasons for Judgment on Nomination of Prescribed Body Corporate | n/a |
| Media Release | n/a |
| Newsletters | Newsletter Vol. 1 – Kulyakartu Claim Update 2015 |
| PBC Rules | Kulyakartu Rule Book |
