AB (deceased) (on behalf of the Ngarla People) v State of Western Australia (No 4) [2012] FCA 1268

FEDERAL COURT OF AUSTRALIA

AB (deceased) (on behalf of the Ngarla People) v State of Western Australia (No 4) [2012] FCA 1268 Citation: AB (deceased) (on behalf of the Ngarla People) v State of Western Australia (No 4) [2012] FCA 1268

Parties: AB (DECEASED), JEFFREY BROWN, CLINTON COOKE AND CHARLIE COPPIN ON BEHALF OF THE NGARLA PEOPLE (NGARLA), AB (DECEASED), JEFFREY BROWN, CLINTON COOKE AND CHARLIE COPPIN ON BEHALF OF THE NGARLA PEOPLE (NGARLA #2), PC (DECEASED) AND OTHERS ON BEHALF OF THE NJAMAL PEOPLE #10 and FF (DECEASED) AND OTHERS (NOMADS) ON BEHALF OF THE WARRARN PEOPLE v THE STATE OF WESTERN AUSTRALIA & ORS

File numbers: Part WAD 6185 of 1998 Part WAD 77 of 2005 Part WAD 82 of 1998

Judge: BENNETT J

Date of judgment: 21 November 2012

Catchwords: NATIVE TITLE – Application for determination of native title – claim for rights and interests by reason of licence or permission given by the relevant normative society – whether the relevant normative society was the language group or a broader Pilbara society – whether licence or permission given – whether licence or permission gave recipients rights or interests in land pursuant to the traditional laws and customs – whether rights or interest granted by "permission" are rights or interests 'in relation to land' or personal rights – whether persons with "permission" have connection with land – whether applicants had been incorporated into the relevant society – whether the applicants are a "group" – whether applicants are a "traditional group" – whether evidence supports individual rights and interests NATIVE TITLE - Application for determination of native title – claim for exclusive possession of claim area – required evidence for a right of exclusive possession – whether there has been "real" acknowledgment or observance of the right in the absence of an ability to enforce – whether applicants are "gatekeepers" of claim area in the Griffiths v Northern Territory (2007) 165 FCR 391 sense – whether traditional laws and customs of ownership of land by local descent groups have been adapted – whether particular exclusive rights can be claimed in the absence of a right of exclusive possession –whether applicants had a right to be accompanied on land – whether right to be accompanied is a right of exclusive possession NATIVE TITLE - Extinguishment – section 47A of the Native Title Act 1993 (Cth) – whether land was held expressly for the benefit of Aboriginal people – meaning of 'expressly for the benefit of … Aboriginal peoples' – whether pastoral lease and special lease were granted, or land was held under leases, expressly for the benefit of Aboriginal peoples