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Banjima Native Title Aboriginal Corporation RNTBC

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Overview

The Banjima Native Title Aboriginal Corporation RNTBC administers land on behalf of the Banjima People. Their native title rights and interests were first recognised in the Banjima People native title determination of 2014.

This matter has an adversarial history with application for native title being contested on several grounds. In a hearing of the contested application on 28 August 2013, in Banjima People v State of Western Australia (No 2) [2013] FCA 868 (Banjima #2), the High Court made Orders that the Banjima people were entitled to a determination of native title under the Native Title Act 1993 (Cth) (NTA).

The decision in Banjima #2 was made by reference to much evidence going to connection and extinguishment and involved the Banjima people as applicants and the State of Western Australia, the Shires of Ashburton and Meekatharra, and 51 others (including Yamatji Marlpa Aboriginal Corporation and Gina Rinehart’s Mulga Downs Station) as respondents. In Banjima #2, the High Court invited the claimants to bring forward a minute of proposed determination, which was considered and given effect to in this matter.

The parties came to consensus and, based on their minute of proposed determination, the High Court made consent orders, under s 94A NTA by reference to s 225 NTA, recognising that the Banjima people have exclusive as well as non-exclusive native title rights and interests over identified areas within their traditional lands.

Managed by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)
AIATSIS acknowledges the funding support of the Native Title Branch of
the Department of the Prime Minister and Cabinet (PM&C).