Walley v the State of Western Australia [1999] FCA 3

FEDERAL COURT OF AUSTRALIA

Kevin Peter Walley on Behalf of the Ngoonooru Wadjari People v State of Western Australia [1999] FCA 3

NATIVE TITLE – permissible future acts – obligation on Government party to negotiate in good faith – proposal to grant mining leases – whether Government party obliged to negotiate in respect of matters unrelated to the proposed future acts other than being the occasion for the demands – whether National Native Title Tribunal erred in law in refusing to consider such wider matters when assessing the Government party's conduct – whether the Tribunal erred in law by not giving proper consideration to possibility of productive mining – whether any evidence to support Tribunal's finding that Government party's offer to include four conditions in the Mining Leases had not been withdrawn – whether Tribunal erred in law in deciding that the Government party's failure to disclose its negotiation policy was not of great weight. Native Title Act 1993 (Cth) s 31(1)(b) Vaitaiki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608 distinguished North Ganalanja Aboriginal Corporation v State of Queensland (1996) 135 ALR 225 referred to Strickland v Western Australia (Federal Court of Australia, 24 July 1998) referred to Coco v Deputy Commissioner of Taxation (1993) 115 ALR 670 applied Teoh v Minister for Immigration, Local Government and Ethnic Affairs (1994) 121 ALR 436 applied

KEVIN PETER WALLEY ON BEHALF OF THE NGOONOORU WADJARI PEOPLE v THE STATE OF WESTERN AUSTRALIA, WMC RESOURCES LTD and NATIONAL NATIVE TITLE TRIBUNAL WAG 50 of 1998

CARR J 6 JANUARY 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 50 of 1998

BETWEEN: KEVIN PETER WALLEY ON BEHALF OF THE NGOONOORU WADJARI PEOPLE

Applicant

AND: THE STATE OF WESTERN AUSTRALIA