BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2014] FCA 715

FEDERAL COURT OF AUSTRALIA

BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2014] FCA 715 Citation: BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2014] FCA 715

Parties: BP (DECEASED) AND ORS (AS PER THE SCHEDULE OF PARTIES) v STATE OF WESTERN AUSTRALIA SLIM WILLIAMS AND ORS (AS PER THE SCHEDULE OF PARTIES) v STATE OF WESTERN AUSTRALIA DARREN ANDREW FARMER v STATE OF WESTERN AUSTRALIA and ANOR IVAN WONGAWOL v STATE OF WESTERN AUSTRALIA

File number(s): WAD 6284 of 1998 WAD 108 of 2008 WAD 50 of 2010 WAD 299 of 2011

Judge: NORTH J

Date of judgment: 4 July 2014

Catchwords: NATIVE TITLE – whether applicants have right under traditional laws and customs to take resources for any purpose – whether applicants have right to take resources for commercial purposes – whether necessary to prove that commercial activity has been conducted in order to establish that the right exists – whether evidence of trading and commercial activity established the right to take for any purpose, including commercial – whether traditional constraints on the taking of resources meant they could not be taken for any purpose – evidence of traditional laws and customs established right to take resources for any purpose – evidence of activity not necessary to establish right to take for any or commercial purposes – evidence established that trading activity extensive – internal constraints on the use of resources are not inconsistent with right to take for any purpose – internal constraints are on the exercise, not the scope of the right – traditional laws and customs and evidence of activity mean applicants have a right to access and use resources for any purpose – right does not arise from occupation of the land contrary to Western Australia v Ward (2002) 213 CLR 1 – right sufficiently precise