State of Western Australia v Graham on behalf of the Ngadju People [2016] FCAFC 47

FEDERAL COURT OF AUSTRALIA

State of Western Australia v Graham on behalf of the Ngadju People [2016] FCAFC 47 Appeal from: Graham on behalf of the Ngadju People v State of Western Australia [2014] FCA 516 Graham on behalf of the Ngadju People v State of Western Australia [2014] FCA 700 Graham on behalf of the Ngadju People v State of Western Australia [2014] FCA 1247

File numbers: WAD 379 of 2014 WAD 381 of 2014 WAD 382 of 2014

Judges: MANSFIELD, DOWSETT AND JAGOT JJ

Date of judgment: 29 March 2016

Catchwords: NATIVE TITLE – whether mining leases valid future acts pursuant to ss 24IB or 24IC of the Native Title Act 1993 (Cth) – whether mining leases granted under Mining Act 1904 (WA) or governmental agreement – mining leases granted under Mining Act 1904 (WA) – government agreement had the force of creating contractual obligations and rights between the parties – re-grant of mining leases constituted a valid future act under s 24IC of the Native Title Act 1993 (Cth) – appeal allowed NATIVE TITLE – form of native title determination whether paragraph 8A(c) of native title determination complied with requirements of ss 94A and 225 of the Native Title Act 1993 (Cth) – no error– cross-appeal dismissed NATIVE TITLE – condition precedent to the grant of mining leases under Mining Act 1904 (WA) – parties agree paragraph included in native title determination in error – appeal allowed