Extract from the National Native Title Register Determination Information: Determination Reference: Federal Court Number(s): WAD6008/2000 NNTT Number: WCD2013/003 Determination Name: Sharpe v State of Western Australia Date(s) of Effect: 19/06/2013 Determination Outcome: Native title exists in parts of the determination area Register Extract (pursuant to s. 193 of the Native Title Act 1993) Determination Date: 19/06/2013 Determining Body: Federal Court of Australia ADDITIONAL INFORMATION: Please note, there appears to be a typographical error in Schedule One. On line 10 of the description, the determination states "(east of Margaret River Homestead)" when, considering the maps at Schedule 2, it appears it should read "(west of Margaret River Homestead)". REGISTERED NATIVE TITLE BODY CORPORATE: Gooniyandi Aboriginal Corporation RNTBC Trustee Body Corporate c\o Kimberley Land Council P.O. Box 2145 Broome Western Australia 6725 Note: current contact details for the Registered Native Title Body Corporate are available from the Office of the Registrar of Indigenous Corporations www.oric.gov.au COMMON LAW HOLDER(S) OF NATIVE TITLE: SCHEDULE SIX DESCRIPTION OF THE NATIVE TITLE HOLDERS The Gooniyandi people, referred to in paragraph 4, are: National Native Title Tribunal Page 1 of 17 Extract from the National Native Title Register WCD2013/003 (a) the descendants of the following apical ancestors: Dalbagbiya, Garlinhingi, Gooraloowa, Gurlgurl, Jagi, Jangooyool, Jinggili, Jinny Ngilmia, Joorgabidija, Kimberley Jarlamarra, Labayng, Lagena, Larry, Loombardji, Lungguda, Maggie Lai:zil [sic], Malangarwin, Malanggiya, Mandowa, Milba, Milindi, Millie, Millie Wanbal, Ningali, Ningmia, Nundjun, Myoomooroo, Rhoda Mandhan, Tommy, Warrgi, Wilinyi, Wilirlman, Wirngarri, Yarraru, Yigi, Badigurayng, Budoornja Giligan, Lilly Campbell, Little Polly Dimananggal, Big Polly Dulangerlus, Brian Kimidi, Mabel Lawel, Maggie Magiji, Amy Mirringala, Mary Miyerri, Mamburu Nogood Billy, Kitty Smith, Wadgimili Sandy Smith, Tommy Thompson and Ned Wiyurru. (b) Aboriginal persons who: (i) self-identify as Gooniyandi; and (ii) are recognised by other members of the Gooniyandi community as Gooniyandi under traditional law and custom. MATTERS DETERMINED: BEING SATISFIED that a determination in the terms sought by the parties is within the power of the Court and it appearing to the Court appropriate to do so and by the consent of the parties: THE COURT ORDERS THAT: 1. There be a determination of native title in WAD 6008 of 2000 in terms of the Determination as provided for in Attachment ‘A’ hereof. 2. The Gooniyandi Aboriginal Corporation RNTBC shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth). ATTACHMENT ‘A’ DETERMINATION THE COURT ORDERS, DECLARES AND DETERMINES THAT: Existence of native title (s 225 Native Title Act) 1. The Determination Area is the land and waters described in Schedule One and depicted on the maps comprising Schedule Two. 2. Native title exists in those parts of the Determination Area identified in Schedules Three and Four (Native Title Area). 3. Native title does not exist in those parts of the Determination Area identified in Schedule Five. Native title holders (s 225(a) Native Title Act) 4. The native title in the Determination Area is held by the Gooniyandi people. The Gooniyandi people are National Native Title Tribunal Page 2 of 17 Extract from the National Native Title Register WCD2013/003 the people referred to in Schedule Six. The nature and extent of native title rights and interests (s 225(b) Native Title Act) and exclusiveness of native title (s 225(e) Native Title Act) Exclusive native title rights and interests 5. Subject to paragraphs 7, 8 and 9 the nature and extent of the native title rights and interests in relation to each part of the Determination Area referred to in Schedule Three, being areas where there has been no extinguishment of native title or areas where any extinguishment must be disregarded, are: (a) except in relation to flowing and underground waters, an entitlement as against the whole world to possession, occupation, use and enjoyment of the land and waters of that part to the exclusion of all others; and (b) in relation to flowing and underground waters, the right to use and enjoy the flowing and underground waters, including: (i) the right to hunt on, fish from, take, use, share and exchange the natural resources of the flowing and underground waters for personal, domestic or non-commercial communal needs; and (ii) the right to take and use the flowing and underground waters for personal, domestic or non-commercial communal needs. Non-exclusive rights and interests 6. Subject to paragraphs 7, 8 and 9, the nature and extent of the native title rights and interests in relation to each part of the Determination Area referred to in Schedule Four, being areas where there has been a partial extinguishment of native title and where any extinguishment is not required to be disregarded, are that they confer the following non-exclusive rights on the Native Title Holders, including the right to conduct activities necessary to give effect to them: (a) the right to access and move freely through and within each part of the Determination Area referred to in Schedule Four; (b) the right to live, being to enter and remain on the land, to camp and erect shelters and other structures for that purpose; (c) the right to: (i) hunt, gather and fish for personal, domestic and non-commercial communal needs; (ii) take flora and fauna; (iii) take other natural resources of each part of the Determination Area referred to in Schedule Four including soil, sand, clay, gravel, ochre, timber, resin and stone for personal, domestic and non-commercial communal needs; (iv) share and exchange natural resources of each part of the Determination Area referred to in Schedule Four including soil, sand, clay, gravel, ochre, timber, resin and stone for personal, domestic and non- commercial communal needs; (v) light contained fires for domestic, cultural and spiritual purposes but not for the clearance of vegetation; (vi) engage in cultural activities in the area, including the transmission of cultural heritage knowledge; (vii) conduct ceremonies; (viii) conduct burials and burial rites; National Native Title Tribunal Page 3 of 17 Extract from the National Native Title Register WCD2013/003 (ix) hold meetings; (x) visit, maintain and protect from physical harm, places and sites of importance in each part of the Determination Area referred to in Schedule Four; and (xi) access and take water and its resources for personal, domestic or non-commercial communal purposes, and for the sake of clarity and the avoidance of doubt, this right does not include the right to take or use water lawfully captured or controlled by the holders of pastoral leases numbered 3114/1248 (Fossil Downs), 3114/1257 (Christmas Creek), 3114/1263 (Margaret River), 398/800 (Larrawa), 398/806 (Mt Pierre), 398/807 (Bohemia Downs), 398/808 (Louisa Downs) and 398/810 (Gogo Station). 7. The native title rights and interests referred to in paragraphs 5(b) and 6 do not confer: (a) possession, occupation, use and enjoyment on the Native Title Holders to the exclusion of all others, nor (b) a right to control the access of others to the land or waters of those parts of the Determination Area referred to in paragraphs 5(b) and 6. 8. Notwithstanding anything in this Determination the native title rights and interests include the right to take and use ochre to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA), but do not include any rights in relation to: (a) minerals as defined in the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA), or (b) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and the Petroleum and Geothermal Energy Resources Act 1967 (WA), or (c) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA). 9. The native title rights and interests are subject to and exercisable in accordance with: (a) the laws of the State and the Commonwealth, including the common law; and (b) the traditional laws and customs of the Native Title Holders for personal, domestic and non-commercial communal purposes, including social, cultural, religious, spiritual and ceremonial purposes. 10. For the avoidance of doubt, subject to the qualifications described in paragraphs 7 to 9, the manner of exercise of native title rights and interests recognised by this Determination is a matter for the native title holders to determine having regard to, and in accordance with, their traditional laws and customs. Areas to which ss 47, 47A and 47B of the Native Title Act apply 11. Sections 47, 47A and 47B of the Native Title Act apply to disregard any prior extinguishment in relation to the areas described in Schedule Seven. The nature and extent of any other interests 12. The nature and extent of other rights and interests in relation to the Determination Area are those set out in Schedule Eight. Relationship between native title rights and other interests 13. The relationship between the native title rights and interests described in paragraphs 5 and 6 and the other rights and interests referred to in paragraph 12 (“the other rights and interests”) is that: (a) to the extent that any of the other rights and interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights