Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2011] FCAFC 100 Citation: Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2011] FCAFC 100
Appeal from: Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2010] FCA 690
Parties: NED CHEEDY AND OTHERS ON BEHALF OF THE YINDJIBARNDI PEOPLE v STATE OF WESTERN AUSTRALIA, FMG PILBARA PTY LTD ACN 106 943 828 and WINTAWARI GURUMA ABORIGINAL CORPORATION (WC97/89)
File number(s): WAD 192 of 2010 WAD 193 of 2010
Judges: NORTH, MANSFIELD AND GILMOUR JJ
Date of judgment: 12 August 2011
Catchwords: NATIVE TITLE – future acts – s 38 and s 39 of Native Title Act 1993 (Cth) – determinations of National Native Title Tribunal that mining leases may be granted subject to conditions – appeal from primary judge decision dismissing appeal from determinations pursuant to s 169 Native Title Act 1993 (Cth) – mitigating effect of Aboriginal Heritage Act 1972 (WA) CONSTITUTIONAL LAW – whether s 38 and s 39 of Native Title Act 1993 (Cth) invalid pursuant to s 116 of Constitution STATUTORY INTERPRETATION – whether international instruments relevant to interpretation of s 38 and s 39 of Native Title Act 1993 (Cth)
Legislation: Aboriginal Heritage Act 1972 (WA) ss 5, 6, 15, 16, 17, 18 Commonwealth of Australia Constitution Act s 116 Judiciary Act 1903 (Cth) s 75B Native Title Act 1993 (Cth) ss 24AA, 27, 28, 29, 25, 33, 38, 39, 48, 50, 51, 51A, 53, 169, 240, 227, 233 International Covenant on Civil and Political Rights. UNTS 999 (entered into force 23 March 1976) arts 18, 27 Cases cited: Coco v The Queen (1994) 179 CLR 427 Evans on behalf of the Koara People v Western Australia (1997) 77 FCR 193 Kartinyeri v Commonwealth (1998) 195 CLR 337 Kruger v Commonwealth of Australia (1996) 190 CLR 1 Mabo v Queensland [No 2] (1992) 175 CLR 1 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Western Australia v Thomas (1996) 133 FLR 124
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