Neowarra v State of Western Australia [2004] FCA 1092

FEDERAL COURT OF AUSTRALIA

Neowarra v State of Western Australia [2004] FCA 1092

NATIVE TITLE – Determination

PADDY NEOWARRA, PADDY WAMA & OTHERS v THE STATE OF WESTERN AUSTRALIA & OTHERS

WAG 6016 OF 1996

WAG 6015 OF 1999 WAG 6006 OF 2002

SUNDBERG J 27 AUGUST 2004

KUPUNGARRI

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6016 OF 1996 WAG 6015 OF 1999

WAG 6006 OF 2002

BETWEEN: PADDY NEOWARRA, PADDY WAMA & OTHERS

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA & OTHERS

RESPONDENTS

JUDGE: SUNDBERG J

DATE OF ORDER: 27 AUGUST 2004

WHERE MADE: KUPUNGARRI

WANJINA-WUNGGURR NATIVE TITLE DETERMINATION NO 1

THE COURT ORDERS, DECLARES AND DETERMINES THAT: Existence of Native Title (s 225)

1. Native title exists in relation to the determination area.

2. Native title does not exist in the areas set out in Schedule 3.

The Native Title Holders (s 225(a))

3. The native title is held by the members of the Wanjina‑Wunggurr Community for their respective communal, group and individual rights and interests in the determination area. The members of the Wanjina-Wunggurr Community are the people referred to in Schedule 9.

The nature and extent of native title rights and interests (s 225(b)) and exclusiveness of native title (s 225(e))

4. Subject to Order 9, the nature and extent of native title rights and interests in relation to each part of the determination area referred to in Schedule 4 [being areas where there has been no extinguishment of native title or areas where any extinguishment must be disregarded] are an entitlement against the whole world to possession, occupation, use and enjoyment of the land and waters of that part.

5. Subject to Order 9, the nature and extent of the native title rights and interests in relation to each part of the determination area referred to in Schedule 5 [being current and historical pastoral lease areas other than areas where any extinguishment is required to be disregarded] are: