Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2010] FCA 498

FEDERAL COURT OF AUSTRALIA

Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2010] FCA 498 Citation: Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2010] FCA 498

Parties: ALEXANDER BROWN, JEFFREY BROWN, CLINTON COOKE AND CHARLIE COPPIN (ON BEHALF OF THE NGARLA PEOPLE) v STATE OF WESTERN AUSTRALIA and BHP BILLITON MINERALS PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD, MITSUI IRON ORE CORPORATION PTY LTD

File number: WAD 6185 of 1998

Judge: BENNETT J

Date of judgment: 21 May 2010

Corrigendum: 29 July 2010

Catchwords: NATIVE TITLE – common law extinguishment – particular non-exclusive native title rights agreed to exist subject to extinguishment – mineral leases granted pursuant to an agreement between the State and leaseholders ratified by specific legislation – purposes of agreement extended beyond mining – leaseholders conducted open cut mining, built a township and other infrastructure on one third of the leased area – the mine and town now closed and area rehabilitated – whether mineral leases conferred right of exclusive possession – whether rights granted by the mineral leases are inconsistent with the native title rights – whether grant of mineral leases extinguished the native title rights over the entire leased area or only the developed leased areas – relevance of actual exercise of rights by the leaseholders or by the native title holders - relevance of rehabilitation