Case: Sampi v Western Australia (No 3) [2005] FCA 1716
Outcome: cited
In paras 1.1.3.1 and 1.1.3.2 of his thesis, Hosokawa stated: ''1.1.3 Local groups and dialects of Yawuru 1.1.3.1 Local groups Although the distinction between local subgroups of Yawuru is virtually defunct today, the following names of local groups, which were probably based on patrilineal clans, have been elicited (from information provided by [Lulu], Jacky Edgar and [Susie Gilbert's husband]): ... dyukun (Jukun) north-west coast of Broome, around Cable Beach area minydyirr minynyirr (Minyjirr) Broome township area walman (Walman) Fisherman's Bend area up to Crab Creek marangana marangan (Marangana) north-eastern inland (Derby side) kardarru (Kadarru) (south-)eastern inland marrmarrmanyurdany (Marrmarrma) south of Crab Creek area burrany (Burrany) coastal area north of Thangoo dyulbayi (Julbayi) area around Thangoo k*arraldyunu (Garraljunu) south of Thangoo lankandyunu (Lankanjunu) southernmost of the Yawuru country birrmanan (Birrmanan) south-eastern side (bordering Nyikina country) and a few others (without designation) in the eastern inland region. Of these local group names only Jukun and Yawuru appear in the linguistic literature. Although there seems to be some confusion among informants as regards the distinction between Jukun and Minyjirr (or Minynyirr, Minyirr), it is surmised that Jukun is the name for the people originally inhabiting the area around the Cable Beach area (north-west of Broome), while Minyjirr refers to the area around rubibi (or Kennedy Hill in the north-east, within the Broome township) and the people in that area. Jukun, Minyjirr and Walman groups and their language are jointly called "Big Yawuru" by Julbayi informants, while the Julbayi people call themselves "Small Yawuru". The latter folk category also encompasses Garraljunu and Lankanjunu groups in addition to Julbayi. When Aboriginal people in Broome today (1.3.2) mention the name "Yawuru", it usually refers to the "Small Yawuru" groups. Those may be designated in geographical terms as Southern Coastal Yawuru. 1.1.3.2 Dialects There seem to be three principal regional dialects of the Yawuru language: 1) Jukun (Djugan) (or Northern), spoken by Minyirr, Jukun and Walman groups; 2) Julbayi (Djulbayi) (or Southern Coastal), spoken by Julbayi and other coastal groups including Burrany, Garraljunu, Lankanjunu and possibly Marrmarrma; 3) Marangan (or Eastern Inland), spoken by Marangana, Kardarru and other inland groups.' 59 In a footnote, Hosokawa explained the other information he received concerning the distinction between 'Minyjirr' and 'Jukun': 'Other versions of the information are as follows: (1) Jukun is the language name and Minyjirr is the name for the people. Such division in language/tribe nomenclature, however, is rather unusual in the region; (2) Jukun refers to the language/people and Minyjirr is a specific place name in the Jukun country (namely, Gantheaume Point); (3) Jukun and Minyjirr are mutually interchangeable synonyms (no explanation provided as to possible differences at connotative level). According to [Lulu] (p.c. in 1986), the northern boundary of the Jukun country is Willie Creek, north of Cable Beach; from there up to Quondon Point is the Ngumbarl country (1.2.1), although Jukun people often had fishing camps there.' 60 In another footnote Hosokawa explained 'big' and 'small' Yawuru: 'The exact connotation of "big" and "small" in the folk nomenclature is unclear, but the adjective "big" seems to have some sort of negative evaluation. Nyikina also distinguishes between "Big Nyikina" and "Small Nyikina" (Stokes 1982, Hudson &amp; McConvell 1984). Interestingly, it is the Small Nyikina (westernside) people who designate themselves as "small" (autonym) and call the eastern group "big" (exonym).' 119 In conclusion, the evidence and findings to which I have referred support a finding of the existence of the rights claimed by the Yawuru claimants as set out in [111] save that the references to use and enjoyment are to be deleted. Also, the proposed determination of the Yawuru claimants does not state the purposes for which the resources of the land and waters in the claim area, including the intertidal areas, may be accessed and used: cf Sampi v Western Australia (No 3) [2005] FCA 1716. I doubt that it is contended that the purposes are to be unlimited or are to extend to a general right of commercial exploitation. In the circumstances, it is desirable that the Yawuru claimants address that issue. 120 I would add that, apart from the fact that the rights claimed in the intertidal zone are not exclusive and are necessarily more limited than the rights claimed in the land areas, I see no proper basis for otherwise distinguishing between the native title rights and interests in that zone and in the land. No such distinction was drawn in the evidence or in the traditional laws and customs acknowledged and observed by the Yawuru community. 121 As there will be some issues as to how the final determination should reflect my findings and conclusions, I propose to afford the parties an opportunity of making further submissions on that matter. There also remains for determination the issues the parties still propose to press in relation to extinguishment, as well as any issues arising out of these reasons. I propose to give directions for an early determination of all of those issues. I certify that the preceding one hundred and twenty one (121) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Merkel. Associate: Dated: 13 February 2006 Counsel for the Applicants: Mr K Bell QC with Mr G Irving and Mr A Firth Solicitor for the Applicants: Mr I Irving of the Kimberley Land Council Counsel for the State of Western Australia: Ms R Webb QC with Mr B King Solicitors for the State of Western Australia: Crown Solicitor for the State of Western Australia Counsel for the Commonwealth of Australia: Mr P Quinlan with Mr A Rorrison Solicitors for the Commonwealth of Australia: Australian Government Solicitors Counsel for the Western Australian Fishing Industry Council (Inc): Mr G Hiley QC with Mr M McKenna Solicitors for the Western Australian Fishing Industry Council (Inc): Hunt and Humphrey Counsel for the Walman Yawuru Respondents: Mr I Viner QC Appearing as a representative of the Walman Yawuru Respondents: Ms R Hanigan Solicitor for Shire of Broome: Mr P Wittkuhn of McLeods Dates of hearing: 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 May 2003; 3, 4, 5, 6, 9, 10, 11, 12, 13 June 2003; 27, 28, 29, 30, 31 October 2003; 3, 4, 5, 6, 7, 10, 11, 12, 13, 14 November 2003; 14, 15, 16, 17, 18 June 2004; 27, 28, 29, 30 September 2004; and 1, 4, 5, 6, 7 October 2004. Date of Interim Reasons: 29 July 2005 Date of these further Reasons: 13 February 2006 SCHEDULE APPLICANTS: CORPUS, Michael DJIAGWEEN, Cecilia DJIAGWEEN, Francis DODSON, Patrick EDGAR, Elsie EDGAR, Felix HUNTER, Richard ROE, Joseph ROE, Joseph 'Nipper' ROE, Teresa SADDLER, Thelma SEBASTIAN, Frank RESPONDENTS: 01 Government Interests State of Western Australia Aboriginal Affairs Department Aboriginal Lands Trust Commissioner of Main Roads Electricity Corporation Minister for Aboriginal Affairs Minister for Energy Minister for Fisheries Minister for Lands Minister for Mines Minister for Transport Minister for Water Resources State of Western Australia 02 Government Interests Commonwealth of Australia Airservices Australia 02A Government Interests Commonwealth of Australia Commonwealth of Australia 02A Government Interests Local Government Shire of Broome 04 Indigenous Interests Bilgungurr Aboriginal Corporation Kimberley Land Council MATSUMOTO, Peter ROBINSON, Margaret Mary ROE, Edward Leonard 05 Mining Interests CONNOLLY, Peter Scott COUNTY, Brian Stanley Maple Oil Exploration NL (Administrators Appointed) (Receivers and Managers Appointed) 06 Pastoral Interests CROOK, Reginald D Thangoo Pty Ltd (Thangoo Station) 07 Telecommunications Industry Interests Telstra Corporation Limited 08 Tourism Interests Broome Crocodile Park Cable Beach Jet Boat Charter Dampier Creek Boat Tours Kimberley Birdwatching The Kimberley Connection Pty Ltd 09 Fishing Interests Australian Ocean Exporters Pty Ltd BLATCHFORD, Kevin Broometime Charters CANNEY, Pam FRASER, Alan John IGNOTI, Les IGNOTI, Peter IGNOTI, Russell Kimberley Fish and Ice Supplies Lenden Nominees Pty Ltd Leveque Wilderness Fishing Charters LEW, Ian LITTLETON, Kyran R MOORE, Gary NEWTON, Ross Pearl Coast Charters Pearl Sea Coastal Cruises WEIR, Neville 09A Fishing Interests Western Australian Fishing Industry Council (Inc) 10 Pearling Interests Australian Sea Pearls Pty Ltd Broome Pearls Pty Ltd Cygnet Bay Pearls Paspaley Pearling Company Pty Ltd Pearls Pty Ltd Roebuck Pearl Producers Pty Ltd Willie Creek Pearl Farm and Broome Coachlines 11 Petroleum Interests E-Com Multi Limited 12 Non Party (For Information Only) National Native Title Tribunal AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http://www.austlii.edu.au/au/cases/cth/FCA/2006/2007.html