Wiluna Native Title
Wiluna and Tarlka Determination
The determination of Native Title recognises the following rights and interests in those parts of the area of the determination that are also covered by pastoral leases and which does not include a right of exclusive possession in those parts:
the right of access, to remain in and use the determination area;
the right to take and use resources in the determination area to satisfy the native title holders, personal, domestic or non-commercial communal needs; and
the right to have access to, maintain and protect places, and areas and objects of importance on or in the determination area.
The determination of native title recognises that the native title holders have the right of possession, occupation, use and enjoyment of parts of the determination area as against the whole world.
Wiluna #2 Determination
The determination of Native Title recognises that the native title holders have the right of possession, occupation, use and enjoyment of the determination areas as against the whole world.
The right of possession, occupation, use and enjoyment to the exclusion of all others, except in relation to flowing and subterranean water.
Wiluna Native Title
The Wiluna Native Title claim was lodged over the pastoral and mining properties surrounding and including Matuwa and Kurrara Kurrara in 1998. Such is the importance of Matuwa and Kurrara Kurrara to Martu people that in 2009 it was specifically chosen by them as the main location to provide “on-Country” evidence in the Native Title claim.
Native Title is recognised based on demonstrated laws, governance and knowledge held by Martu people over Matuwa and Kurrara Kurrara. Rights and interests flowing from this recognition are centered on Martu land use and are most easily understood in terms of the holistic use and management of natural resources.
In addition, Native Title confirms Martu laws restricting access to sacred sites and other areas to protect Martu and others from danger arising from spiritual disturbance (usually restrictions with regard to initiated male-only and female-only areas). A further important set of Native Title rights includes being able to control which Aboriginal people can enter the country, use its resources, perform ceremony, visit sacred sites, and nominate persons with authority to speak for Country and make decisions about it (including for traditional and contemporary land uses).
The Matuwa and Kurrara Kurrara National Park spans nearly 600,000 hectares and includes the former Lorna Glen and Earaheedy pastoral stations and contiguous lands over which the Native Title holders hold exclusive possession Native Title (i.e. other ‘UCL’ to the north and south and that connecting the two former stations).
The National Park is surrounded by Lake Violet, Millrose, Granite Peak and Wongawol stations. These stations are working pastoral leases running small heads of cattle.
Matuwa and Kurrara Kurrara were excluded from the July 29th, 2013 determination and dealt with separately as in Wiluna #2. In Wiluna #2, exclusive possession Native Title was determined by the Federal court over both Matuwa and Kurrara Kurrara on 3rd September 2013, meaning that the Native Title holders have the right of possession, occupation, use and enjoyment of the determination areas as against the whole world.