Brown v State of Western Australia (No 2) [2003] FCA 556

FEDERAL COURT OF AUSTRALIA

Brown v State of Western Australia (No 2) [2003] FCA 556 NATIVE TITLE – determination of native title – prescribed body corporate – requirements for determination that prescribed body corporate holds native title rights and interests in trust – requirements of Native Title (Prescribed Bodies Corporate) Regulations 1999 – membership requirements – membership limited to native title holders – membership of proposed prescribed body corporate open to Traditional Owners – definition of Traditional Owners – congruent with native title holders – suggested amendment to align text of membership requirement in association rules with class of native title holders described in determination – current membership requirement nevertheless complies – determination made under s 56. Native Title Act 1993 (Cth) s 56, s 59 JIMMY BROWN ON BEHALF OF THE KIWIRRKURRA PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6019 OF 1998 FRENCH J 4 JUNE 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG6019 OF 1998

BETWEEN: JIMMY BROWN ON BEHALF OF THE KIWIRRKURRA PEOPLE

APPLICANT

AND: THE STATE OF WESTERN AUSTRALIA

FIRST RESPONDENT

TELSTRA CORPORATION LIMITED

SECOND RESPONDENT

AURORA GOLD (WA) PTY LTD

THIRD RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 4 JUNE 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT:

Pursuant to sections 55 and 56 of the Native Title Act 1993 (Cth) the Court determines that Tjamu Tjamu (Aboriginal Corporation) is to hold the rights and interests from time to time comprising the native title the subject of the determination made on 19 October 2001 in trust for the common law holders identified in the said determination. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.