Non-exclusive rights and interests
(6) Subject to paragraphs 8, 9 and 10, the nature and extent of the native title rights and interests in relation to each part of the Determination Area referred to in Schedule 4 Parts 1 - 5 (being areas where there has been a partial extinguishment of native title and where any extinguishment is not required to be disregarded) are that they confer the following non-exclusive rights on the Native Title Holders, including the right to conduct activities necessary to give effect to them:
(a) the right to access and move freely through and within each part of the Determination Area referred to in Schedule 4 Parts 1 - 5;
(b) the right to live, being to enter and remain on, camp and erect shelters and other structures for those purposes on the Determination Area referred to in Schedule 4 Parts 1 - 5;
(c) the right to:
(i) hunt, gather and fish for personal, domestic, cultural and non-commercial communal purposes;
(ii) take and use flora and fauna for personal, domestic, cultural and non-commercial communal purposes;
(iii) take, use, share and exchange the natural resources of each part of the Determination Area referred to in Schedule 4 Parts 1 - 5 including soil, sand, clay, gravel, ochre, timber, charcoal, resin and stone for personal, domestic, cultural and non-commercial communal purposes;
(iv) light fires for domestic purposes but not for the clearance of vegetation;
(v) engage in cultural activities in the area, including the transmission of cultural heritage knowledge;
(vi) conduct and participate in ceremonies;
(vii) conduct burials and burial rites and other ceremonies in relation to death;
(viii) hold meetings;
(ix) visit, maintain and protect from physical harm, areas, places and sites of importance in each part of the Determination Area referred to in Schedule 4 Parts 1 - 5; and
(x) access, take, use, share and exchange water for personal, domestic, cultural or non-commercial communal purposes.
(7) Subject to paragraphs 8, 9 and 10, the nature and extent of the native title rights and interests in relation to each part of the Determination Area referred to in Schedule 4 Part 6 (being areas where non-exclusive native title rights can be recognised and where any extinguishment is not required to be disregarded) are that they confer the following non-exclusive rights on the Native Title Holders, including the right to conduct activities necessary to give effect to them:
(a) the right to access and move freely through and within each part of the Determination Area referred to in Schedule 4 Part 6;
(b) the right to:
(i) hunt, gather and fish for personal, domestic, cultural and non-commercial communal purposes;
(ii) take and use flora and fauna for personal, domestic, cultural and non-commercial communal purposes;
(iii) take, use, share and exchange the natural resources of each part of the Determination Area referred to in Schedule 4 Part 6 including soil, sand, clay, gravel, ochre, timber, charcoal, resin and stone for personal, domestic, cultural and non-commercial communal purposes;
(iv) engage in cultural activities in the area, including the transmission of cultural heritage knowledge;
(v) conduct and participate in ceremonies;
(vi) visit, maintain and protect from physical harm, areas, places and sites of importance in each part of the Determination Area referred to in Schedule 4 Part 6; and
(vii) access, take, use, share and exchange water for personal, domestic, cultural or non-commercial communal purposes.
(8) The native title rights and interests referred to in paragraphs 5(b), 6 and 7 do not confer:
(a) possession, occupation, use and enjoyment of those parts of the Determination Area on the Native Title Holders to the exclusion of all others; nor
(b) a right to control the access of others to the land or waters of those parts of the Determination Area.
(9) Notwithstanding anything in this Determination there are no native title rights and interests in the Determination Area in or in relation to
(a) minerals as defined in the Mining Act 1904 (WA) (repealed) and the Mining Act 1978 (WA); or
(b) petroleum as defined in the Petroleum Act 1936 (WA) (repealed) and the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(c) geothermal energy resources and geothermal energy as defined in the Petroleum and Geothermal Energy Resources Act 1967 (WA); or
(d) water lawfully captured by the holders of other rights and interests,
except the right to take and use ochre to the extent that ochre is not a mineral pursuant to the Mining Act 1904 (WA).
(10) Native title rights and interests are subject to and exercisable in accordance with:
(a) the laws of the State and the Commonwealth, including the common law; and
(b) the traditional laws and customs of the Native Title Holders for personal, domestic, cultural and non-commercial communal purposes (including social, religious, spiritual and ceremonial purposes).