Training

The Kurundi consent determination was made by Reeves J on the 14th July 2011. The determination relates to an area of land covered by a pastoral lease known as kurundi station. The applicants include four land-holding groups: the Mirtartu, Warupunju, Arrawajin and Tijampara People.

The rights and interests specified in the order cover access; residence; hunting, gathering and fishing; taking and using natural resources and water; lighting fires for domestic purposes (but not for clearing vegetation); access, maintenance and protection of important sites; conducting ceremonies, cultural activities, meetings, teaching (with a qualified right to privacy); making decisions about the use and enjoyment of the land and waters by aboriginal people who recognise themselves as governed by traditional law and custom; sharing or exchanging natural resources including traditional items made from the natural resources; and being accompanied by non-native title holders under some circumstances.

Mithaka Aboriginal Corporation RNTBC holds in trust the native title rights and interests of Mithaka People of South-Western Queensland. It was formed as an entity in September 2015 in order to finalise the native title claim over Mithaka country - an area west of Windorah in South West Queensland. The Mithaka People’s non-exclusive native title determination over 33,752 square kilometers of country was recognised after a 13 year legal process in October 2015 when consent determination was reached.

Elders and the other Traditional Owners see the decision as heralding a new era of renewal for Mithaka People, presenting them with a strong economic and social footing to pursue their dreams and aspirations, and uphold their obligation to their Country, Culture and People.

The Mokwiri Aboriginal Corporation administers land on behalf of members of six language affiliated groups described as the Yupungathi, Tjungundji, Taepadhighi, Mbakwithi, Thankakwithi and Anathangay. Their native title rights and interests were recognised in the Northern Cape York #2 Native Title Claim Group determination of 20 June 2014.

The court recognised that the applicants held exclusive native title rights over an area described in the case as Schedule 1, Part 1 and that the applicants held non-exclusive native title rights over an area described in the case as Schedule 1, Part 2. The determination area includes land and waters in the north west of the Cape York Peninsula, lying to the north between the Ducie and Wenlock Rivers and Cox Creek and Mission River and Myall Creek in the south.

Mpwerempwer Aboriginal Corporation is the registered native title body corporate for the consent native title determination in Rex on behalf of the Akwerlpe-Waake, Iliyarne, Lyentyawel Ileparranem and Arrawatyen People v Northern Territory of Australia [2010] FCA 911 (7 September 2010). The determination area covers 2,949 square kilometres of the Singleton pastoral lease area. The native title rights and interests are the rights possessed under, and exercisable in accordance with, the native title holders’ traditional laws and customs, including the right to:

• access and travel on land and waters;
• the right to live on the land for all purposes;
• the right to hunt, gather, take and use the natural resources of the land and waters, including the right to access, take and use natural water resources;
• the right to access, maintain and protect places and areas of importance;
• the rights to engage in cultural activities, conduct ceremonies, hold meeting, teach the physical and spiritual attributes of places and areas of importance;
• the right to make decisions about the use and enjoyment of the land and waters; and
• the right to share and exchange natural resources obtained on or from the land and waters, including traditional items made from the natural resources.

Mt Denison Aboriginal Corporation acts as an agent for the native title rights and interests of the Rrkwer/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups. The groups have non-exclusive native title over the Mt Denison pastoral lease.

The native title application was originally filed in December 2013. The traditional owners’ native title rights and interests were recognised in the Mt Denison Pastoral Lease determination of 16 June 2016. Central Land Council chair Francis Kelly said he hoped the determination over the lease, which is still being run as a cattle station, would improve the relationship between the traditional owners and the lease holders, and make it easier for them to share the country.

The Mualgal (Torres Strait Islanders) Corporation administers land on behalf of the Mualgal people. The Mualgal’s people ownership of Moa and other islands in the Torres Strait was recognised in two native title determinations: the Moa Island determination and the Mualgal #2 determination.

The Moa Island determination was the result of an agreement negotiated between the parties to recognise native title. The agreement acknowledges the Mualgal people’s right to possess, use, occupy and enjoy Moa Island according to their traditional customs. Made in February 1999, this was the first determination in the Torres Strait since the Mabo decision.

The Mualgal #2 determination was also negotiated between the parties. Lodged in 2002, over four years the parties agreed to recognise the Mualgal peoples native title right to:

• Exclusive possession of land, and
• Non-exclusive use of water and things within it for person, domestic and non-commercial communal needs.

This agreement was affirmed by the Federal Court in 2006 in conjunction with another claim (Badu & Moa People #2). These two consent determinations recognise the Badulgal and Mualgal people’s native title over 80 uninhabited islands in the Torres Strait. In addition to the Moa Island and Mualgal #2 determinations, the Mualgal (Torres Strait Islanders) Corporation also administers an Indigenous Land Use Agreement with Telstra over Moa Island.

The topic 'Getting started' from the Indigenous Governance Toolkit has four sections,

1. Getting started on building your governance
2. Assessing your governance
3. Mapping your community for governance
4. Case studies

The Birriliburu People have been recognised as exclusive native title holders of about 66,760 sq km in Western Australia’s Little Sandy Desert. The claim was lodged in 1998 and was finally resolved in a consent determination recognising:

• exclusive native title rights and interests over mainly unallocated Crown land including part of the Canning Stock Route, reserves, a general purpose lease and some mining interests; and
• non-exclusive native title rights over water, for personal, domestic and non-commercial communal purposes

The Balanggarra Aboriginal Corporation RNTBC administers land on behalf of the Balanggarra People. Their native title rights and interests were first recognised in the Balanggarra (Combined) and Balanggarra #3 native title determinations of 2013.

Balanggarra (Combined) concerned recognition of the Balanggarra people’s native title rights and interest over approximately 26,025 square kilometres of land and sea in the northern Kimberley region of Western Australia.

Two native title applications, originally filed in 1995, were amended and combined in 1999 to form Balanggarra (Combined). The claim area included the Kalumburu, Oombulgurri and Forrest River Aboriginal reserves, Carson River pastoral lease, parts of the Drysdale River National Park and unallocated crown land at Cape Londonderry, Carson River and the Cambridge Gulf coast. The northern boundary runs through sea country and encompasses a number of islands near the coast, including the Sir Graham Moore Islands, Adolphus Island and Reveley Island. The respondents to Balanggarra (Combined) were the State Of Western Australia, the Commonwealth, Paspaley Pearling Company Pty Ltd, Roebuck Pearl Producers Pty Ltd and Telstra Corporation Limited.

Balanggarra #3 concerned the recognition of the Balanggarra people’s native title rights and interests over approximately 4,318 square kilometres of land and waters, including areas of the Cambridge Gulf and islands located in the northern Kimberley region of Western Australia. The claim area for Balanggarra #3 included two major land areas: an eastern component, which includes Wyndham, and a western component, which includes parts of Home Valley pastoral station. The eastern and western components of Cheinmora #3 are separated by the southern portion of Balanggarra (Combined). The respondents to Balanggarra #3 were the State Of Western Australia, the Commonwealth, Delaware North El Questro Pty Ltd and Telstra Corporation Limited.

The parties in both matters reached agreement in relation to only part of the land and waters over which the Balanggarra people sought recognition of native title. The parties agreed that no determination would be made over the remaining area where no agreement had been reached and that those areas would continue in case management.

For the areas subject to the parties’ agreement, in both matters, the Court recognised that the Balanggarra people had exclusive native title rights, except where those rights had been extinguished. Acts of extinguishment included some 393 grants of estate in fee simple at Wyndham Port.