Native title in the Kimberley desert

Agreement has been reached over about 76,000sq km of land in the southern Kimberley region recognising the Ngurrara people as the native title holders for the area. Federal Court Justice John Gilmour travelled to Pirnini, near the Kurlku community in the Great Sandy Desert today to deliver the consent determination.

The determination involves unallocated crown land at the northern boundary of the Great Sandy Desert. Smaller reserves in the claimed area will be determined separately.

As native title holders the Ngurrara people have the right to posses, occupy, use and enjoy the land to the exclusion of all others. They also have the rights to use and enjoy the flowing and underground waters for hunting, fishing and other traditional activities.

These rights can be passed on and inherited in accordance with the traditional laws and customs of the Ngurrara people.

Represented by the Kimberley Land Council, the Ngurrara people negotiated with the State of Western Australia, the Shire of Derby/West Kimberley and the neighbouring Martu native title holders, to reach today's agreement.

The claim was mediated by Tribunal Member Daniel O'Dea who said discussions moved quickly once agreement was reached on the Ngurrara people's connection to their traditional lands.

‘After 11 years, in May this year it was settled that the Ngurrara people had maintained a strong connection to their land. It then took only six meetings for the rights and interests to be agreed on and the resultant consent determination,’ said Mr O'Dea.

He said the native title process is still taking a long time for many claims: ‘It has taken more than a decade for the Ngurrara people to gain recognition. The challenge now is to reach outcomes in a more timely and efficient manner for the 572 active native title applications currently in the system.’

Western Australia's native title outcomes have reached a national high where around 25 per cent of the State now has a determination of native title over it. Those involved in native title negotiations are working towards results and this is evident with the majority of WA's outcomes reached by agreement.

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