The State Of Western Australia v Bropho R C (For and on behalf of the Swan River and Swan Valley Nyungah Community and Ors [1996] FCA 992

CATCHWORDS NATIVE TITLE - proposed future act - whether proposed future act "attracted expedited procedure". Native Title Act 1993 ss29, 139(b), 162, 169, 237, 237(a), (b), (c); sub-ss29(4), 32(3), 32(4), 32(5), 109(2); paras26(2)(a)-(e), 29(2)(b) Petroleum Act 1967 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 136 ALR 481 The State of Western Australia v Ward, Federal Court of Australia, 18 November 1996, Lee J (Unreported) Ward v State of Western Australia (1996) 136 ALR 557 THE STATE OF WESTERN AUSTRALIA v R C BROPHO FOR AND ON BEHALF OF THE SWAN RIVER AND SWAN VALLEY NYUNGAH COMMUNITY AND ORS WAG 6008 OF 1996 LEE J PERTH 18 NOVEMBER 1996

IN THE FEDERAL COURT) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO WAG 6008 OF 1996 B E T W E E N: THE STATE OF WESTERN AUSTRALIA Applicant and R C BROPHO FOR AND ON BEHALF OF THE SWAN RIVER AND SWAN VALLEY NYUNGAH COMMUNITY First Respondent and R C BROPHO FOR AND ON BEHALF OF THE SWAN VALLEY NYUNGAH COMMUNITY & OTHER NYUNGAH PEOPLES Second Respondent and T CORNWALL AND OTHERS FOR AND ON BEHALF OF THE NYUNGAH PEOPLE Third Respondent and AMITY OIL NL, GEOPETRO COMPANY, ENSIGN OPERATING COMPANY, SEVEN SEAS PETROLEUM AUSTRALIAN INC, OIL COMPANY (WA) NL Fourth Respondent and EMPIRE OIL COMPANY (WA) NL Fifth Respondent MINUTE OF ORDER JUDGE MAKING ORDER: LEE J DATE OF ORDER: 18 NOVEMBER 1996 WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The "appeal" be dismissed. 2. The applicant pay the costs of the first, second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO WAG 6008 OF 1996 B E T W E E N: THE STATE OF WESTERN AUSTRALIA Applicant and R C BROPHO FOR AND ON BEHALF OF THE SWAN RIVER AND SWAN VALLEY NYUNGAH COMMUNITY First Respondent and R C BROPHO FOR AND ON BEHALF OF THE SWAN VALLEY NYUNGAH COMMUNITY & OTHER NYUNGAH PEOPLES Second Respondent and T CORNWALL AND OTHERS FOR AND ON BEHALF OF THE NYUNGAH PEOPLE Third Respondent and AMITY OIL NL, GEOPETRO COMPANY, ENSIGN OPERATING COMPANY, SEVEN SEAS PETROLEUM AUSTRALIAN INC, OIL COMPANY (WA) NL Fourth Respondent and EMPIRE OIL COMPANY (WA) NL Fifth Respondent CORAM: LEE J DATE : 18 NOVEMBER 1996 PLACE: PERTH