Brown v State of Western Australia [2001] FCA 1462

FEDERAL COURT OF AUSTRALIA

Brown v State of Western Australia [2001] FCA 1462

NATIVE TITLE - consent determination - criteria - within power and appropriate - remote desert community - connection established - variation provision pending High Court decision - deferred creation of prescribed body corporate

Native Title Act 1993 (Cth) s 87 s 225

JIMMY BROWN ON BEHALF OF THE KIWIRRKURRA PEOPLE v THE STATE OF WESTERN AUSTRALIA, TELSTRA CORPORATION LIMITED, AURORA GOLD (WA) PTY LTD

WAG 6019 OF 1998

FRENCH J

19 OCTOBER 2001

MUYIN

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG6019 OF 1998

BETWEEN: JIMMY BROWN ON BEHALF OF THE KIWIRRKURRA PEOPLE

APPLICANT

AND: STATE OF WESTERN AUSTRALIA

FIRST RESPONDENT

TELSTRA CORPORATION LIMITED

SECOND RESPONDENT

AURORA GOLD (WA) PTY LTD

THIRD RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 19 OCTOBER 2001

WHERE MADE: MUYIN

THE COURT NOTES:

A. That pursuant to section 87(1)(b) of the Native Title Act 1993 (Cth) the parties have filed with this Court a Minute of Proposed Consent Determination of Native Title dated 12 September 2001 which reflects the terms of an agreement reached by the parties in relation to these proceedings.

B. That the terms of the agreement involve the making of a determination of native title in relation to the land and waters the subject of these proceedings pursuant to section 87(2) and section 94A of the Native Title Act.

C. That the Applicant has yet to establish and nominate a prescribed body corporate which will perform the functions required by either section 56 or 57 of the Native Title Act.

D. That the parties have agreed that the registered native title body corporate which will hold the Applicant's native title in trust, or will perform the functions referred to in sections 57(3) and 58 of the Native Title Act as the case may be, may seek a variation of the determination of native title in this matter (as it relates to minerals and petroleum) in accordance with subsections 13(1) and (5) of the Native Title Act in the event that the ruling in the Federal Court in Western Australia v Ward (2000) 99 FCR 316 with respect to minerals and petroleum is, in High Court Appeals Registry Nos P59 of 2000 (State of Western Australia v Ward & Ors), P62 of 2000 (Attorney General of the Northern Territory v Ward & Ors), P63 of 2000 (Ningmarmara & Ors v Northern Territory of Australia & Ors), and P67 of 2000 (Ward & Ors v Crosswalk Pty Ltd & Ors), overturned, set aside, remitted to the Federal Court or is otherwise found to be an incorrect legal ruling.