The Ngarluma and Yindjibarndi peoples hold non-exclusive native title rights and interests over parts of the Pilbara claim area, subject to extinguishment by various tenures and legislative acts. The decision provides detailed analysis of the extinguishing effect of numerous categories of Western Australian land tenure, mining tenements, and legislation on native title. Offshore native title rights were found to exist but limited to the area of actual use (approximately two kilometres from land). Sections 47A and 47B of the Native Title Act were applied to disregard extinguishment in certain reserve and unoccupied Crown land areas.
The full text is available to signed-in members, including the 53 later cases that cite this judgment.
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