Koara People v State of Western Australia [2006] FCA 66

FEDERAL COURT OF AUSTRALIA

Koara People v State of Western Australia [2006] FCA 66 NATIVE TITLE – right to negotiate – registration of claims under 'old' and 'new' Acts – 'old' and 'new' rights to negotiate – transitional provisions – amendment of application – application of new registration test to combined application of old claims by reason of new s 29 notices – duty to consider registration test following amendments – whether amendment of claim had the consequence of excluding application of transitional provisions – whether loss of continuing right to negotiate notwithstanding removal from Register – whether prior decision of single judge should be distinguished

Judiciary Act 1903 (Cth) s 39B(1A) Native Title Act 1993 (Cth) ss 28, 29, 61, 61A, 64(2), 64(4), 190A, 190A(1), 190A(5A), 190B, 190C Native Title Amendment Act 1998 (Cth) Sch 5

Bullen v State of Western Australia [1999] FCA 1490 Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 Nezovic v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2003) 133 FCR 190 State of Western Australia v Native Title Registrar [1999] FCA 1594 Western Australia v Strickland (2000) 99 FCR 33 KOARA PEOPLE v STATE OF WESTERN AUSTRALIA AND THE HON CLIVE BROWN MINISTER FOR STATE DEVELOPMENT WAD 16 of 2005 NICHOLSON J 9 FEBRUARY 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 16 OF 2005

BETWEEN: KOARA PEOPLE

APPLICANTS

AND: STATE OF WESTERN AUSTRALIA

FIRST RESPONDENT

THE HON CLIVE BROWN

MINISTER FOR STATE DEVELOPMENT

SECOND RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 9 FEBRUARY 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. It is hereby declared that the applicants are and were at all material times registered native title claimants within the meaning of the Native Title Act 1993 (Cth) ('the Act') with respect to any notices issued prior to 30 September 1998 pursuant to s 29 of the Act and affecting any land within the boundaries of the land the subject of native title determination claims WC95/1, WC95/12, WC95/21, WC95/22, WC95/41 and WC95/42 which were registered under the Act on 8 September 1995, 20 July 1995, 14 August 1995 and 12 August 1995. 2. The respondents be permanently restrained from granting any interests in land the subject of any s 29 notices pursuant to the Act issued prior to 30 September 1998 and referred to in par 1 of these orders, unless or until one of the requirements under s 28 of the Act is satisfied. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.