Narrier v State of Western Australia [2016] FCA 1519

FEDERAL COURT OF AUSTRALIA

Narrier v State of Western Australia [2016] FCA 1519

File numbers: WAD 228 of 2011 WAD 302 of 2015

Judge: MORTIMER J

Date of judgment: 16 December 2016

Catchwords: NATIVE TITLE – application for the determination of native title – connection with land and waters by traditional laws and customs – section 223 of the Native Title Act 1993 (Cth) – whether the ancestors of the claim group members moved into the claim area and acquired rights and interests in the land and waters of the claim area in accordance with Western Desert laws and customs – whether the occupants of the claim area at the time of sovereignty were Western Desert people – whether the claim area was Western Desert country at sovereignty NATIVE TITLE – extinguishment – future acts – validity of future acts – whether compliance with procedural requirements in Part 2 Division 3 of the Native Title Act 1993 (Cth) a precondition to a future act having force and effect against native title NATIVE TITLE – extinguishment – section 47B of the Native Title Act 1993 (Cth) – whether s 47B applies to disregard extinguishment – the creation of a prior interest for the purposes of s 47B(2) – whether the resumption of a road in favour of the Crown can constitute the creation of a "prior interest" NATIVE TITLE – extinguishment – section 47B of the Native Title Act 1993 (Cth) – whether s 47B applies to disregard extinguishment – occupation for the purposes of s 47B(1)(c) – the area that must be occupied for the purposes of s 47B(1)(c)