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Ngurra Kayanta Aboriginal Corporation RNTBC

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Overview

Ngurra Kayanta Aboriginal Corporation RNTBC holds land in trust for the Ngurra Kayanta people. Their native title rights and interests over their traditional lands were first recognised in the Ngurra Kayanta native title determination in August 2016.

After the original filing of the claim, a second application was filed over the same area, seeking the benefit of s 47B of the Native Title Act 1993 (Cth) whereby any previous extinguishment of native title rights and interests may be disregarded, allowing for a determination of exclusive native title. The claim area was also later split into two parts; Part A, and Part B (land that had been subject to mineral exploration permits).

In Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western Australia [2016] FCA 910, Justice Barker held that the Ngurra Kayanta people possessed exclusive rights to the possession, occupation, use and enjoyment of the entirety of Part A of the determination area, and the non-exclusive right to take, use and enjoy the water in any watercourse, wetland or underground watercourse.

In Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western Australia (No 2) [2017] FCA 587, Justice Barker found that s 47B of the Native Title Act 1993 (Cth) did apply to the lands within the original claim which had been subject to mineral exploration permits (Part B), allowing the disregarding of previous extinguishment of native title rights and interests. A determination of native title over Part B of the claim area is yet to be handed down.

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).