State of Western Australia v BP (Deceased) [2014] FCAFC 95

FEDERAL COURT OF AUSTRALIA

State of Western Australia v BP (Deceased) [2014] FCAFC 95 Citation: State of Western Australia v BP (Deceased) [2014] FCAFC 95

Appeal from: BP (Deceased) v State of Western Australia [2013] FCA 760

Parties: STATE OF WESTERN AUSTRALIA v BP (DECEASED), TILLY STEVENS, KEN CLAUSE, BENNY CAMPBELL and BETTY ANDERSON

File number: WAD 360 of 2013

Judges: NORTH, BARKER AND BROMBERG JJ Date of judgment: 1 August 2014

Catchwords: NATIVE TITLE – pastoral leases acquired by the Crown – application for determination of native title made over land – resumption process – s 47B(5)(b) Native Title Act 1993 (Cth) – whether the Crown had a bona fide intention of using the land for public purposes or for a particular purpose at the time the land was acquired – whether the Crown still had such intention at time native title application was made – whether primary judge erred in only considering intention of the Crown at the time of the application for native title – whether primary judge failed to properly take into account use to which the land had been put by failing to find that activities by CALM on the land were for conservation purposes – whether error in primary judge's finding that Cabinet decisions did not amount to bona fide intention to use the land for conservation – whether error in finding that lack of consent of native title holders meant no bona fide intention Legislation: Native Title Act 1993 (Cth) ss 47B, 61 Cases cited: Warren v Coombes (1979) 142 CLR 531 Fox v Percy (2003) 214 CLR 118

Date of hearing: 24 February 2014

Date of last submissions: 24 February 2014