Editors --- "Nelson Hughes, Peter Stevens and Eva Connors on behalf of the Eastern Guruma People v State of Western Australia - Digest" [2007] AUIndigLawRw 28; (2007) 11(1) Australian Indigenous Law Review 137

• Nelson Hughes, Peter Stevens and Eva Connors on behalf of the Eastern Guruma People v State of Western Australia

Nelson Hughes, Peter Stevens and Eva Connors on behalf of the Eastern Guruma People v State of Western Australia

Federal Court of Australia, Western Australia District Registry (Bennett J)

1 March 2007

This determination involves a claim brought by the applicants, Nelson Hughes, Peter Stevens and Eva Connors, on behalf of the Eastern Guruma People. The resulting agreement recognises the native title rights of the Eastern Guruma people to approximately 6000 sq km of land in the central Pilbara region of Western Australia, land referred to in the judgment as ‘Determination Area A’.

The agreement was made by a series of negotiations resulting in a consent determination rather than through litigation. Early in the proceedings, the applicants discontinued their application in respect of land and waters covered by the Innawonga Bunjima Application, the Mt Florence pastoral lease, and Karijini National Park.

The court held that the applicants have a number of non-exclusive usufructuary native title rights and interests in Determination Area A to perform certain activities for personal, domestic and non-commercial communal purposes. These included the right to enter and remain on the land, to camp, to hunt, to fish, to gather and engage in ritual ceremonies, and to protect areas of cultural and spiritual significance. It includes the right to take and use ochre, but only to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA).

The Applicants also have the right to be consulted about development on the land, and the right to negotiate exploration and development of new mineral exploration ventures.

The Wintawari Guruma Aboriginal Corporation is to hold the determined native title in trust for the native title holders in accordance with s 56(2) of the Native Title Act 1993 (Cth).

The full text of this determination is available on the website of the Office of Native Title (Western Australia): <http://www.nativetitle.wa.gov.au/uploadedFiles/About_Native_Title/Key_Events/Decision.pdf> .