Robe River Kuruma Aboriginal Corporation RNTBC v State of Western Australia

The Robe River Kuruma Aboriginal Corporation RNTBC sought to vary an earlier determination of native title. The applicants sought to amend the 2018 determination to recognise their right of exclusive possession over certain land and waters covered by exploration or prospecting licences or permits. The State of Western Australia did not oppose the application. The Court was required to decide whether the conditions in the Native Title Act 1993 (Cth) for varying an approved determination of native title were satisfied. The Court was also required to determine whether the requirements of section 87 of the Native Title Act were satisfied.

The Court found that the application satisfied the requirements of section 13(5)(b) of the Native Title Act. It was in the interests of justice to vary the KM Part B Determination. The Court found that it was appropriate to make the orders agreed by the parties. The Court found that the KM Part B Determination should recognise the application of section 47B of the NTA and a right of exclusive possession over those land and waters identified in Recital I(a) and (b) of the KM Part B Determination. It will also ensure that the KM Part B Determination recognises Marti Marti Yinta as an area over which the Robe River Kuruma People hold exclusive possession native title.

The Court varied the determination of native title made by Justice Rangiah in Finlay on behalf of the Kuruma Marthudunera Peoples v State of Western Australia. The Court deleted maps in Schedule Two and replaced them with the maps contained in Schedule Two of the Varied Determination of Native Title provided for in Attachment A. The Court deleted the words “portions of exploration licences E0801060, E0801293, E0801686 and E0802408, prospecting licences P0800666 and P0800669” in paragraph 2 of Schedule Three. The Court also deleted the words “not subject to portion of exploration licence E0800592” in paragraph 3 of Schedule Three. The Court added paragraph 4 to Schedule Three, which described the portion of UCL 12 (Marti Marti Yinta), being all those land and waters within a 2 kilometre radius of the following coordinates (to the extent that they fall within the Determination Area and are not subject to portion of mineral lease AML 7000248). The Court deleted the description relating to UCL 12 in Schedule Five and replaced it with a new description. The Court also deleted the words “portions of exploration licences E0801060, E0801293, E0801686 and E0802408, prospecting licences P0800666 and P0800669” from the description relating to UCL 51 in Schedule Five. Finally, the Court replaced the words “the date of this determination” with the words “26 April 2018” in the chapeau to Schedule Six.

The Court ordered that the determination of native title at Attachment “A” to the orders made by Justice Rangiah in Finlay on behalf of the Kuruma Marthudunera Peoples v State of Western Australia [2018] FCA 548 on 26 April 2018 be varied as set out above. The Court also ordered that the determination of native title as varied by Order 1 above is in the form of the Varied Determination of Native Title provided for in Attachment A. The Court made no order as to costs.