Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown (on behalf of the Ngarla People) v State of Western Australia [2012] FCAFC 154 Citation: Brown (on behalf of the Ngarla People) v State of Western Australia [2012] FCAFC 154
Appeal from: Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2010] FCA 498
Parties: ALEXANDER BROWN, JEFFREY BROWN, CLINTON COOKE AND CHARLIE COPPIN (ON BEHALF OF THE NGARLA PEOPLE) v STATE OF WESTERN AUSTRALIA and BHP BILLITON MINERALS PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD AND MITSUI IRON ORE CORPORATION PTY LTD
File number: WAD 225 of 2010
Judges: MANSFIELD, GREENWOOD & BARKER JJ
Date of judgment: 5 November 2012
Catchwords: NATIVE TITLE – consideration of the question whether the exercise of Executive and Legislative power of the State of Western Australia in entering into the Iron Ore (Mount Goldworthy) Agreement (1964) with particular joint venturers and enacting the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (the "1964 Act") conferred rights upon the joint venturers which had the effect of extinguishing the native title rights and interests of the Ngarla People in relation to an area of land and waters the subject of Mineral Leases 235 and 249 issued under the provisions of the 1964 Act within the Pilbara region of Western Australia – consideration of the bespoke nature of the arrangements made between the State of Western Australia and the joint venturers NATIVE TITLE – consideration of the content of the determined native title rights and interests of the Ngarla People – consideration of the rights and interests granted to the joint venturers in the area of land and water the subject of the claim – consideration of the application of the principles governing extinguishment of native title rights and interests in undertaking a comparison of rights – consideration of the reservations contained in the terms and conditions of the 1964 Agreement as ratified by the 1964 Act
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