Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 5) [2003] FCA 218

FEDERAL COURT OF AUSTRALIA

Harrington-Smith on behalf of the Wongatha People v State of

Western Australia (No 5) [2003] FCA 218

NATIVE TITLE – amendment of application – numerous objections to proposed amendments– whether amendments would result in inclusion of an area of land or waters that was not covered by the original application contrary to s 64(1) of Native Title Act 1993 (Cth) – whether amendments introducing references to ss 47, 47A and 47B of the Act and "the non-extinguishment principle" would have effect of "reinstating" internal areas of land and waters previously expressly excluded – native title rights and interests – whether amendments would have effect of including a "right to teach and pass on knowledge" and a "right to learn ... and acquire knowledge" not within the Act's notion of "native title rights and interests".

Native Title Act 1993 (Cth) ss 62, 64, 223, 238

Western Australia v Ward (2002) 191 ALR 1 cited Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 194 ALR 538 cited De Rose v State of South Australia [2002] FCA 1342 cited

RON HARRINGTON-SMITH, LEO THOMAS, CYRIL BARNES & ORS

ON BEHALF OF THE WONGATHA PEOPLE v STATE OF

WESTERN AUSTRALIA & ORS

WAG 6005 OF 1998 LINDGREN J 14 FEBRUARY 2003 AND 19 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6005 OF 1998

BETWEEN: RON HARRINGTON-SMITH, LEO THOMAS,

CYRIL BARNES & OTHERS ON BEHALF OF THE

WONGATHA PEOPLE

APPLICANTS

AND: STATE OF WESTERN AUSTRALIA & OTHERS

RESPONDENTS

JUDGE: LINDGREN J

DATE OF ORDER: 14 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave to amend the application be refused at this stage.

THE COURT NOTES THAT: Written reasons for the decision will be supplied to the parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.