Nangkiriny v State of Western Australia [2002] FCA 660

FEDERAL COURT OF AUSTRALIA

Nangkiriny v State of Western Australia [2002] FCA 660

JOHN DUDU NANGKIRINY & ORS ON BEHALF OF THE KARAJARRI PEOPLE v STATE OF WESTERN AUSTRALIA & ORS WG 6100 OF 1998 NORTH J 12 FEBRUARY 2002 BIDYADANGA

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG 6100 OF 1998

BETWEEN: JOHN DUDU NANGKIRINY, ALEC McKAY, EDNA HOPIGA, AMY KING, DONALD GREY, NORMAN MUNRO, MICHAEL EVERETT, CISSY EVERETT, STEVEN POSSUM, WITTIDONG MULARDY, NITA MARSHALL, MERVIN MULARDY SNR, BARNEY DEAN, ELSIE WHITE, FLORA DEAN AND DORIS EDGAR ON BEHALF OF THE KARAJARRI PEOPLE

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA, COMMONWEALTH OF AUSTRALIA, SHIRE OF BROOME, DARCY HUNTER, MISHA PETERS, WOODA DAVIES, ADA STEWART, WINNIE COPPIN AND ALMA GREY ON BEHALF OF THE NYANGUMARTA PEOPLE, ANNA PLAINS CATTLE CO PTY LTD, WESTERN AGRICULTURAL INDUSTRIES PTY LTD, WESTERN AUSTRALIAN FISHING INDUSTRY COUNCIL (INC), TELSTRA CORPORATION LIMITED, SHELL DEVELOPMENT AUSTRALIA PTY LTD, AUSTRALIAN SEA PEARLS PTY LTD, BROOME PEARLS PTY LTD AND THE ROMAN CATHOLIC BISHOP OF BROOME

RESPONDENTS

JUDGE: NORTH J

DATE OF ORDER: 12 FEBRUARY 2002

WHERE MADE: BIDYADANGA

THE COURT ORDERS, WITH THE CONSENT OF THE PARTIES:

1. With respect to those areas hatched red on the map accompanying schedule 1 to the determination, comprising the areas of the claim covered by:

(i) pastoral leases 398/770, 3114/789 and 398/682 together comprising Nita Downs Station;

(ii) pastoral lease 3114/604, Shamrock Station;

(iii) portion of pastoral lease 3114/1154, Anna Plains Station;

(iv) the strip of unallocated Crown land between the north western corner of pastoral lease 398/770 and the eastern boundary of pastoral lease 3114/1154; (v) the area seaward of the mean high water mark and any tidal waters landward of the mean high water mark;