The Kokatha Common Law Holders in regard to the native title claim are those living Aboriginal people who under Kokatha Laws and Customs, identify as, and are recognised by other Kokatha native title holders as, nguraritja for sites and places in the Determination Area by reason of one or more of the following: 

1. He or she is one of the following named individuals (where living) or is descended either through birth or adoption from them:  Alma Allen, Arthur Baker, Hilda Captain, Susie Captain, Andrew Davis, Percy Davis, Stanley Davis, Ted Egan, Micky Fatt, Gladys Kite, Ted Larkins, Mick Reid, George Reid, William Smith, Dick Thomas, Edie Thomas, George Turner, Wild Mary, Eileen Wingfield
2. He or she possesses an ancestral connection with the Determination Area, in that his or her parent or grandparent was born in that country, had a long term physical association with that country and/or possesses significant geographic and culturally confidential knowledge relating to the Determination Area;
3. He or she was born on the Determination Area (including, if the person was born in a hospital, the place where they would otherwise have been born);
4. He or she had a long-term physical association with the Determination Area and consequent knowledge of the country;
5. He or she possesses significant geographic and culturally-confidential knowledge relating to the Determination Area under Kokatha traditional law and custom.