Claim
Determination
Prescribed Body Corporate
Land Access and Future Acts
Links
The Manta Rirrtinya (WAD 453 of 2017) native title claim was determined by way of consent on 13 September 2018 at a ceremonial sitting of the Federal Court of Australia at location on country near Empress Spring, north-east of the town of Laverton.
Prescribed Body Corporate
| Nominated Prescribed Body Corporate: | Wakamurru (Aboriginal Corporation) RNTBC (ICN: 8860) |
| PBC Contact details: | Contact Person: Lucy Muir Wakamurru (Aboriginal Corporation) RNTBC c/– 76 Wittenoom Street East Perth, WA 6004 |
Claim Details
Variation
| Federal Court of Australia Summary | |
|---|---|
| Determination | |
| Title: | Kado Muir & Ors and The State of Western Australia (Manta Rirrtinya) |
| Applicant Names: | Kado Muir, Harvey Murray, Luke George, Troy Chapman, Roslyn Narrier, Ivan Wongawol, Sandra Evans, Vanessa Thomas |
| Application type: | Claimant Application |
| Date filed: | 15 September 2017 |
| FCA No: | WAD 453/2017 |
| Title: | Wakamurra (Aboriginal Corporation) RNTBC v State of Western Australia and Another |
| Applicant: | Wakamurra (Aboriginal Corporation) RNTBC |
| Application type: | Variation Application |
| Date filed: | 28 May 2019 |
| FCA No: | WAD298/2019 |
| National Native Title Tribunal Summary | |
|---|---|
| NNTT No: | WC 2017/005 |
| Register of NT claims: | Registered |
| NNTT Status: | Determined |
| Claim area size (approximate): | 23,527 km2 |
| Notification Status: | Notification Complete |
| Notification period: | 7 February 2018 – 7 May 2018 |
| In mediation: | No |
| Date Finalised: | 13 September 2018 |
Determination
| Determination type: | Consent Determination |
| Determination date: | 13 September 2018 |
| NT rights and interests recognised: | The nature and extent of the native title rights and interests in relation to the majority of the determination area, (see Schedules 3 and 6 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 remainder of the determination area is:
|
| Determination type: | Consent Determination – Variation Application |
| Determination date: | 24 April 2020 |
| Effect of variation: | Following the high court of Australia’s decision in Tjungarrayi v Western Australia [2019] HCA 12 that mineral exploration licences are not a “lease” for the purpose of s47B of the Native Title Act, the Mantra Rirrtinya determination was varied to recognise exclusive native title rights and interests over areas that were also covered by mineral exploration licences. The effect of the variation is that exclusive possession native title has been recognised over the whole determination except for a small portion of the determination which overlaps a pastoral lease, over which non exclusive native title rights are recognised. |
Land Access & Future Acts
Any proposed access to the Manta Rirrtinya determination area is regulated by the future acts processes in the Native Title Act 1993 (Cth).
As noted above, the majority of the Manta Rirrtinya determination area is subject to native title rights and interests that afford the Manta Rirrtinya native title holders exclusive possession, occupation, use and enjoyment of the Manta Rirrtinya determination area, as against all others. This is the highest form of native title recognised at law and means that entry onto those parts of determination area will require the consent of the Manta Rirrtinya native title holders.
Access onto the Manta Rirrtinya determination area for mining or petroleum tenure purposes
Exploration and prospecting mineral titles
The Manta Rirrtinya native title holders have developed a standard Land Access Agreement for Exploration and Prospecting for the purpose of permitting access for mineral exploration or prospecting activities and subsequently protecting cultural heritage sites and areas of cultural significance during the conduct of such activities.
Exploration and prospecting companies are encouraged to accept theLand Access Agreement for Exploration and Prospecting in its standard form to expedite the granting of the title and enable access to the relevant tenure.
If negotiations are undertaken in relation to theLand Access Agreement for Exploration and Prospecting, they will be conducted by Central Desert under instructions from the Manta Rirrtinya native title holders. Companies may be invited to meet with the Manta Rirrtinya native title holders and negotiate any outstanding issues directly.
Other mineral and petroleum titles
Specific instructions will need to be sought from the Manta Rirrtinya native title holders in relation to all other applications for mineral titles and/or petroleum titles within the Manta Rirrtinya determination area.
Access onto the Manta Rirrtinya determination area for other tenure purposes
All proposed non-mining/petroleum titles within the Manta Rirrtinya determination area require an application to be made to the relevant government department and the requisite notifications to be made under the future acts processes in the Native Title Act 1993 (Cth).
Access onto the Manta Rirrtinya determination area for other purposes
Access to the Manta Rirrtinya determination area for all other purposes requires the consent of the Manta Rirrtinya native title holders.
Please contact our Future Acts Officer should you wish to access the Manta Rirrtinya determination area, have any queries in relation to land access on the Manta Rirrtinya determination area or wish obtain a copy of the relevant Deed of Agreement.
Links
| Native Title Consent Determination | Muir on behalf of the Manta Rirrtinya People v State of Western Australia [2018] FCA 1388 (13 September 2018) |
| Nomination of Prescribed Body Corporate | The Orders in relation to the nomination of a PBC were made at the same time as the claim was determined on 13 September 2018. Follow this link to view Orders made by Justice Charlesworth.Follow this link to view the NNTT determination information page |
| Media releases | |
| Prescribed Body Corporate Rules | Wakamurru (Aboriginal Corporation) Rules and Objects- Rule Book |
| Other Details | ORIC details for Wakamurru (Aboriginal Corporation) |
