Sampi v State of Western Australia (No 4) [2006] FCA 760

FEDERAL COURT OF AUSTRALIA

Sampi v State of Western Australia (No 4) [2006] FCA 760 NATIVE TITLE – native title determination application – freehold areas excluded from original determination application – including freehold areas held for an Aboriginal Mission and by an Aboriginal Land Corporation – ss 47A and 47B relied upon – areas not covered by application – inability to extend application to cover areas – new application necessary in respect of excluded areas Native Title Act 1993 (Cth) Sampi v State of Western Australia [2005] FCA 777 cited Sampi v State of Western Australia (No 2) [2005] FCA 1567 cited Sampi v State of Western Australia (No 3) [2006] FCA 1716 cited PAUL SAMPI AND OTHERS ON BEHALF OF THE BARDI AND JAWI PEOPLE v THE STATE OF WESTERN AUSTRALIA WAD 49 OF 1998 AND WAD 6001 OF 2004 FRENCH J 19 JUNE 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 49 OF 1998

WAD 6001 OF 2004

BETWEEN: PAUL SAMPI AND OTHERS ON BEHALF OF THE BARDI AND JAWI PEOPLE

Applicants

AND: STATE OF WESTERN AUSTRALIA AND OTHERS

Respondents

JUDGE: FRENCH J

DATE OF ORDER: 19 JUNE 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The determination made on 30 November 2005 is varied so that the areas referred to in Order A of that Order are included in Schedule 2 thereof. 2. The preceding Order is made without prejudice to the right of the applicants to file a native title determination application in relation to the areas referred to in Order A. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 49 OF 1998

WAD 6001 OF 2004