Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944

FEDERAL COURT OF AUSTRALIA

Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944

NATIVE TITLE - covering part of the area of the native title determination application – formal requirements of s 87A – substantive requirements of s 87A – whether proposed consent determination within power – whether proposed consent determination appropriate – difference in description of native title holder group in determination and native title claim group in application – list of names in application – group defined by descent – nevertheless appropriate to make order – alteration not constituting amendment to application – agreement reflecting membership based, inter alia, on descent – proposed determination within power and appropriate

Native Title Act 1993 (Cth) Native Title Amendment Act 1998 (Cth) Native Title Amendment Act 2007 (Cth) Brown (On behalf of the Ngarla People) v State of Western Australia[2007] FCA 1025 cited BILLY PATCH AND OTHERS ON BEHALF OF THE BIRRILIBURU PEOPLE v STATE OF WESTERN AUSTRALIA

WAD6284 OF 1998

FRENCH J

20 JUNE 2008

GOOD CAMP ROCKHOLE – WESTERN DESERT

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD6284 OF 1998

BETWEEN: BILLY PATCH AND OTHERS ON BEHALF OF THE BIRRILIBURU PEOPLE

Applicant

AND: STATE OF WESTERN AUSTRALIA

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 20 JUNE 2008

WHERE MADE: Good camp rockhole – western desert

THE COURT NOTES THAT:

A. The Applicants in proceeding WAD 6284 of 1998 have made a native title determination application that relates to an area of land and waters (the Birriliburu Application"), part of which comprises the subject of the proposed determination of native title ("the Determination").

B. The Applicants in the Birriliburu Application ("the Birriliburu Applicants") and the State of Western Australia as parties to the proceeding ("the parties") have reached an agreement as to the terms of the Determination which is to be made in relation to part of the land and waters covered by the Birriliburu Application ("the Determination Area"). The external boundaries of the Determination Area are described in the First Schedule to the Determination.