Payi Payi on behalf of the Ngururrpa People v the State of Western Australia [2007] FCA 2113

FEDERAL COURT OF AUSTRALIA

Payi Payi on behalf of the Ngururrpa People v the State of Western Australia [2007] FCA 2113

NATIVE TITLE – consent determination – Court's discretion making orders under s 87 – relevant factors for the Court to take into account when determining whether the Court is satisfied it is appropriate to make orders sought Native Title Act 1993 (Cth), s 87 PAYI PAYI, NELLIE NJAMME, MARK MOOHRA, MICHAEL BENNIE AND GREG MOSQUITO ON BEHALF OF THE NGURURRPA PEOPLE v THE STATE OF WESTERN AUSTRALIA WAD 357OF 2006

BLACK CJ

18 OCTOBER 2007

The Yakka Yakka Track Overlooking Nyili, about 83km south of Balgo IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 357 OF 2006

BETWEEN: PAYI PAYI, NELLIE NJAMME, MARK MOOHRA, MICHAEL BENNIE AND GREG MOSQUITO ON BEHALF OF THE NGURURRPA PEOPLE

Applicant

AND: THE STATE OF WESTERN AUSTRALIA

Respondent

JUDGE: BLACK CJ DATE OF ORDER: 18 OCTOBER 2007

WHERE MADE: The YAKKA YakkA Track Overlooking Nyili, about 83km south of Balgo

BY CONSENT OF THE PARTIES THE COURT NOTES THAT: A. Pursuant to section 87(1)(b) of the Native Title Act 1993 (Cth) the parties have filed with the Court the attached Minute of Consent Determination of Native Title which reflects the terms of an agreement reached by the parties as to the resolution of this matter. B. The terms of the agreement include requesting the Court to make a determination of native title in relation to the land and waters that are the subject of these proceedings in the terms set out in the attached Minute of Consent Determination of Native Title. C. The Applicants are working towards the finalisation of the rules of a prescribed body corporate, with a view to having the prescribed body corporate perform the functions of a registered native title body corporate under the Native Title Act. D. The parties have agreed to ask the Court to make a determination of native title and to allow twelve months for a prescribed body corporate to be nominated to the Court pursuant to section 56 or section 57 of the Native Title Act. E. The Ngururrpa Application area, on its northern boundary, overlaps the Tjurabalan Determination of Native Title WAD 160/97 to a small degree and to finalise the Ngururrpa Application, the orders sought include the dismissal of the Ngururrpa Application to the extent that it overlaps with the Tjurabalan Determination of Native Title WAD 160/97.