Scotty Birrell, Jack Jugari, Packer Brockman, May Butcher, Edna Skeen, Frank Samp I, Kimmy Boomer, Nancy Lee and Pauline Manning
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National Native Title Tribunal REASONS FOR DECISION COVER SHEET REGISTRATION TEST DELEGATE: Jo-Anne Franz APPLICATION NAME: Djaru Combined Claim NAME(S) OF APPLICANT(S): Scotty Birrell, Jack Jugari, Packer Brockman, May Butcher, Edna Skeen, Frank Samp i, Kimmy Boomer, Nancy Lee and Pauline Manning. NNTT NO: FEDERAL COURT DATE APPLICATION DATE APPLICATION NO: MADE AMENDED IN FEDERAL COURT WC 97/22 WAG 6157 of 1998 14 March 1997 24 September 1999 WC 97/60 WAG 6183 of 1998 21 July 1997 24 September 1999 WC 97/78 WAG 6198 of 1998 15 September 1997 24 September 1999 WC 97/86 WAG 6206 of 1998 13 October 1997 24 September 1999 WC 98/28 WAG 6244 of 1998 15 June 1998 24 September 1999 WC 98/43 WAG 6259 of 1998 13 July 1998 24 September 1999 WC 98/44 WAG 6260 of 1998 13 July 1998 24 September 1999 WC 99/22 W 6026 OF 1999 3 September 1999 24 September 1999 The delegate has considered the application against each of the conditions contained in s190B and 190C of the Native Title Act 1993. DECISION The application IS ACCEPTED / IS NOT ACCEPTED for registration pursuant to s190A of the Native Title Act 1993. ……………………………………. ……………… 1999 Date of Decision Delegate of the Registrar pursuant to sections.190, 190A, 190B, 190C, 190D C:\Documents and Settings\andrewn\Desktop\test docs\Scotty Birrell.doc 1 Information considered in making the decision In determining this application I have considered and reviewed all of the information and documents from the following files, databases and other sources: ¨ The Working Files, Registration Test Files, Legal Services Files and Federal Court Application and Amendment Files for the following native title applications: WAG 6157 of 1998 (WC97/22) Yununu People WAG 6183 of 1998 (WC97/60) Djaru People WAG 6198 of 1998 (WC97/78) Pauline Manning WAG 6206 of 1998 (WC97/86) Nancy Lee WAG 6244 of 1998 (WC98/28) Frank Sampi and Nancy Ethel Lee WAG 6259 of 1998 (WC98/43) Frank Sampi and Nancy Lee WAG 6260 of 1998 (WC98/44) Frank Sampi and Nancy Lee W 6026 of 1999 (WC99/22) Scotty Birrell and Others The following native title determination applications were lodged with the National Native Title Tribunal prior to 30/9/98: WC97/22, WC97/60, WC97/78, and WC97/86. WC99/22 was filed with the Federal Court on 3 September 1999. ¨ Other tenure information acquired by the Tribunal in relation to the area covered by this application; ¨ Working files and related materials for native title applications that overlap the area of the Djaru application. ¨ The National Native Title Tribunal Geospatial Database; ¨ The Register of Native Title Claims; ¨ The Native Title Register; ¨ Determination of Representative ATSI Bodies: their gazetted boundaries; ¨ Submissions from the Western Australian State Government in relation to the application; Note: Information and materials provided in the context of mediation have not been considered in making this decision due to the without prejudice nature of those conferences and the public interest in maintaining the inherently confidential nature of the mediation process. C:\Documents and Settings\andrewn\Desktop\test docs\Scotty Birrell.doc 2 Summary of proceedings The WC 97/22 (Yununu People) native title determination was lodged with the National Native Tribunal on 14 March 1997. At the time of lodging the Applicants were Scotty Birrell, Kimmy Boomer, Harold Boomer, Rita James, Sambo Button, Larry Flanigan, Eileen Cox, Ethel Walalgie. The Federal Court reference for this application is WAG 6157 of 1998. The WC 97/60 (Djaru People) native title determination was lodged with the National Native Tribunal on 21 July 1997. At the time of lodging the Applicant was Nancy Lee. The Federal Court reference for this application is WAG 6183 of 1998. The WC 97/78 (Pauline Manning) native title determination was lodged with the National Native Tribunal on 15 September 1997. At the time of lodging the Applicants was Pauline Manning. The Federal Court reference for this application is WAG 6198 of 1998. The WC 97/86 (Nancy Lee) native title determination was lodged with the National Native Tribunal on 13 October 1997. At the time of lodging the Applicants was Nancy Lee. The Federal Court reference for this application is WAG 6206 of 1998. The WC 98/28 (Frank Sampi and Nancy Ethel Lee) native title determination was lodged with the National Native Tribunal on 15 June 1998. At the time of lodging the Applicants were Frank Sampi and Nancy Ethel Lee. The Federal Court reference for this application is WAG 6244 of 1998. The WC 98/43 (Frank Sampi and Nancy Lee) native title determination was lodged with the National Native Tribunal on 13 July 1998. At the time of lodging the Applicants were Frank Sampi and Nancy Lee. The Federal Court reference for this application is WAG 6259 of 1998. The WC 98/44 (Frank Sampi and Nancy Lee) native title determination was lodged with the National Native Tribunal on 13 July 1998. At the time of lodging the Applicants were Frank Sampi and Nancy Lee. The Federal Court reference for this application is WAG 6260 of 1998. On 3 September 1999 a Notice of Motion for a new broad country application was filed in the Federal Court. WAG 6026 of 1999 was referred to the Tribunal on 6 September 1999 and given Tribunal reference number WC99/22. On 3 September 1999 a Notice of Motion to amend and combine WC99/22 with seven other existing applications was filed in the Federal Court. On 24 September 1999 the above applications were combined and WC97/22 was named as the lead application. The Federal Court ordered that the amendments be accepted in the proposed form of an application filed 23 September 1999. These amendments resulted in a change to the Applicants. The Applicants are now Scotty Birrell, Jack Jugari, Packer Brockman, May Butcher, Edna Skeen, Frank Sampi, Kimmy Boomer, Nancy Lee and Pauline Manning. The area subject to claim is located in the Kimberley region, Western Australia. The Kimberley Land Council represent the Applicants. A section 29 notice was issued on 14/07/99. Pursuant to the Native Title Act the application is to be considered for registration within 4 months of the s29 notice being issued or as soon as reasonably practicable afterwards. The four-month period will end on 14 November 1999. All references to the ‘application’ or the ‘amended application’ in the present decision, unless otherwise stated, refers to the application as most recently amended. C:\Documents and Settings\andrewn\Desktop\test docs\Scotty Birrell.doc 3 A. Procedural Conditions Information, etc, required by section 61 and section 62: The Registrar must be satisfied that the application contains all details and other information, 190C2 and is accompanied by any affidavit or other document, required by sections 61 and 62. Details required in section 61 61(3) Name and address for service of applicant(s) Reasons relating to this sub-condition Requirements are met. The names of nine Applicants are provided in the amended application: Scotty Birrell, Jack Jugari, Packer Brockman, May Butcher, Edna Skeen, Frank Sampi, Kimmy Boomer, Nancy Lee and Pauline Manning. The address for service is provided at Part B of the amended application. I am satisfied there has been compliance with the procedural requirements of s.61(3). Names of persons in native title claim group or otherwise describes the persons so that it can be 61(4) ascertained whether any particular person is one of those persons Reasons relating to this sub-condition Requirements are met. Schedule A of the amended application describes the native title claim group. In my view the description of the claim group is sufficient for it to be ascertained whether any particular person is one of those persons. I have reached this view for the reasons contained in my decision at s.190B3. I am satisfied there has been compliance with the procedural requirements of s.61(4). C:\Documents and Settings\andrewn\Desktop\test docs\Scotty Birrell.doc 4 Application is in the prescribed form1; lodged in the Federal Court, contains prescribed 61(5) information2, and accompanied by prescribed documents and fee Reasons relating to this sub-condition Requirements are met. The application contains the prescribed information and is accompanied by prescribed documents. I am satisfied there has been compliance with the procedural requirements of s.61(5). Details required in section 62(1) 62(1)(a) Affidavits address matters required by s62(1)(a)(i) – s62(1)(a)(v) Reasons relating to this sub-condition Requirements are met. A claimant application must be accompanied by an affidavit sworn by the applicant/s. Affidavits have been received from all nine Applicants: Scotty Birrell, Jack Jugari, Packer Brockman, May Butcher, Edna Skeen, Frank Sampi, Kimmy Boomer, Nancy Lee and Pauline Manning. Competent witnesses have witnessed the affidavits. I note submissions made by the Crown Solicitors Office at page 3 of a letter dated 18 December 1998 (WC97/22), page 2 and 3 of a letter dated 23 December 1998 (WC97/60), page 3 of a letter dated 21 December 1998 (WC 97/78), page 3 of a letter dated 21 December 1998 (WC 97/86), page 3 of a letter dated 17 December 1998 (WC 98/28), page 2 of a letter dated 23 December 1998 (WC 98/43), and page 3 of a letter dated 17 December 1998 (WC 98/44) in relation to this condition of the test. The submissions were made prior to the amended application and are no longer relevant to this application. I am satisfied there has been compliance with the procedural requirements of s.62(1)(a).