Banjima People v State of Western Australia (No 3) [2014] FCA 201

FEDERAL COURT OF AUSTRALIA

Banjima People v State of Western Australia (No 3) [2014] FCA 201 Citation: Banjima People v State of Western Australia (No 3) [2014] FCA 201

Parties: BANJIMA PEOPLE v STATE OF WESTERN AUSTRALIA & ORS

File number: WAD 6096 of 1998

Judge: BARKER J

Date of judgment: 12 March 2014

Catchwords: NATIVE TITLE – determination

Legislation: Native Title Act 1993 (Cth)

Cases cited: Banjima People v State of Western Australia (No 2) [2013] FCA 868

Date of hearing: 11 March 2014

Place: Karijini, Western Australia

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 4

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 6096 of 1998

BETWEEN: BANJIMA PEOPLE

Applicant

AND: STATE OF WESTERN AUSTRALIA & ORS

Respondent

JUDGE: BARKER J DATE: 12 MARCH 2014 PLACE: KARIJINI, WESTERN AUSTRALIA

REASONS FOR JUDGMENT 1 On 28 August 2013, I made the following order in this proceeding: 1. The claimants are entitled to a determination of native title under the Native Title Act 1993 (Cth). The Court will now invite the claimants to bring forward a minute of proposed determination in relation to which the Court will hear from the parties in due course. 2 On 11 March 2014 at Karijini National Park in the Pilbara Region of Western Australia, the claimants moved for a determination of native title in terms that were, as all parties to the proceeding agreed, in accordance with my findings as to existence of native title and extinguishment set out in my reasons in Banjima People v State of Western Australia (No 2) [2013] FCA 868. 3 Accordingly, I then made a determination of native title, pursuant to the Native Title Act 1993 (Cth), in the terms proposed. 4 The determination of native title so made is attached to these reasons. I certify that the preceding four (4) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Barker.