Two Pilbara native title applications have passed the new registration test, retaining the right to negotiate about mining projects in the region.
The National Native Title Tribunal has applied the test to the Wong-goo-tt-oo application in the Fortesque River area, and to the Yaburara & Mardudhunera people's application in the Dampier area of the Pilbara.
Pilbara Regional Cordinator, Ms Deanna Cartledge, said the registration test, introduced as part of the amendments to the Native Title Act in 1998, determines whether native title applicants had the right to have a say over proposed mining, exploration and some other developments on land subject to the native title application.
"Passing the test does not mean native title has been recognised. It means applicants have the procedural rights which flow from registration - such as the right to negotiate - while their native title claims is pending."
The 13,940 square kilometre Yaburara & Mardudhunera peoples application was lodged in August 1996. It was referred by the Tribunal to the Federal Court for litigation in November 1997 when a mediated outcome could not be reached.
The 20,240 square kilometre Wong-goo-tt-oo application was lodged in July 1998.
Ms Cartledge said applicants had to satisfy every condition of the test to pass. The conditions include:
- clearly identifying the extent of the claim group, and
- demonstrating that the application was lodged with the authority of the group or clan from whom the native title rights were derived.
The registration test will be applied to a further 36 applications in the Pilbara region this year. Over 200 applications will under go the test statewide.
