State of Western Australia v Ward [2000] FCA 191

FEDERAL COURT OF AUSTRALIA The State of Western Australia v Ward [2000] FCA 191 Native Title - meaning of native title - whether native title a bundle of rights - whether native title is a right to land - whether native title includes a right to maintain, protect and prevent the misuse of cultural knowledge - proof of native title - continuing connection - physical presence on the land not essential - proof of biological descent - observance of traditional laws and customs - estate groups within a wider community - overlapping of communities. Native Title - determination of native title under Native Title Act 1993 (Cth) - requirements of s 225 - form of determination - identification of native title holders - jurisdiction to make a determination in favour of Aboriginal community in the absence of a referral to the Court under s 74 of an application for a determination of native title - effect of Native Title Amendment Act 1998 (Cth) - whether determination must cover the whole of the claim area. Native Title - extinguishment - meaning of extinguishment - meaning of inconsistency - partial extinguishment - co-existence of rights to occupy, possess, use and enjoy - reasonable user - onus of proof - application of the presumption of regulatory in Crown grants - resumptions and acquisitions of Crown land from pastoral leases - creation and vesting of reserves - extinguishment by grant of leases - pastoral leases reserving rights of access for Aboriginal people - Western Australian mining leases and tenements - special leases - leases of reserves - conditional purchase leases - grants to third parties - permits to occupy Crown land prior to issue of Crown grant - whether extinguishment by the vesting of a national park - leases to Northern Territory Conservation Land Corporation - public works - whether extinguishment by the proclamation of an "Irrigation District" - whether extinguishment by declaration of a townsite - whether extinguishment by creation of a lake - whether extinguishment by dedication of land for the purpose of roads - extinguishment by legislation - wildlife conservation legislation - national parks legislation - application of limitation periods to native title claims. Native Title - suspension - meaning of suspension - whether native title can be suspended. Native Title - Native Title Amendment Act 1998(Cth) - Titles Validation Act 1995 (WA) - occupation of land by native title claimant group under s 47A Native Title Act. Native Title Act 1993 (Cth) Native Title Amendment Act 1998 (Cth) Mining Act 1978 (WA) Petroleum Act 1967 (WA) Territory Parks and Wildlife Conservation Act 1976 (NT) Parks and Wildlife Commission Act 1980 (NT) Lands Acquisition Act 1979 (NT) Miscellaneous Acts Amendment (Aboriginal Community Living Areas) Act 1989 (NT) Crown Lands Act (NT) Jetties Act 1926 (WA) Land Act 1933 (WA) Land Act Amendment Act (No 2) 1980 (WA) Seas and Submerged Lands Act 1973 (Cth) Racial Discrimination Act 1975 (Cth) Fauna Conservation Act 1974 (Qld) Constitution Act 1982 (Can) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Native Title (Prescribed Bodies Corporate) Regulations 1999 Aboriginal Councils and Associations Act 1976 (Cth) Sale of Waste Lands Act 1842 (Imp) Land Regulations 1851 (WA) Land Regulations for the Kimberley District 1880 (WA) Land Regulations 1882 (WA) Land Regulations 1887 (WA) Land Act 1898 (WA) Land Act Amendment Act 1934 (WA) Mining Act 1904 (WA) Petroleum Act 1936 (WA) Land Drainage Act 1925 (WA) Wildlife Conservation Act 1950 (WA) Conservation and Land Management Act 1984 (WA) Land Act Amendment Act 1963 (WA) Crown Lands Ordinance 1927 (Cth) Crown Lands Ordinance 1931 (Cth) Special Purposes Leases Act 1953 (NT) Validation (Native Title) Act 1994 (NT) Titles Validation Act 1995 (WA) Limitation Act 1935 (WA) Crown Suits Act 1947 (WA) The Constitution Rights in Water and Irrigation Act 1914 (WA) Public Works Act 1902 (WA) Land Administration Act 1997 (WA) National Parks Authority Act 1976 (WA) Fauna Protection Act 1950 (WA) Fauna Conservation Act 1950 (WA) Aboriginal Affairs Planning Authority Act 1972 (WA) Conservation and Land Management Act 1984 (WA) Agriculture and Related Resources Protection (Property Quarantine) Regulations 1981 Aborigines Act 1905 (WA) Western Australian Constitution Act 1890 (Imp) Aboriginal Heritage Act 1972 (WA) Mining Act 1904 (WA) Titles Validation Amendment Act 1999 (WA) Federal Court of Australia Act 1976 (Cth) Petroleum Act 1936 (WA) Minerals (Acquisition) Ordinance 1953 (Cth) Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 (WA)