I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) v State of Western Australia [2017] FCA 1215

FEDERAL COURT OF AUSTRALIA

I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) v State of Western Australia [2017] FCA 1215 File number: WAD 6033 of 1998

Judge: GRIFFITHS J

Date of judgment: 19 October 2017

Catchwords: NATIVE TITLE - consent determination – requirements of ss 87A and 94A of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders

Legislation: Native Title Act 1993 (Cth) ss 13, 23C, 24BG, 55, 56, 57, 61, 62A, 63, 64, 66, 67, 68, 87, 87A, 94A, 190, 190A, 212, 225, 251D Native Title Amendment Act 2007 (Cth) Mining Act 1904 (WA) (repealed) Mining Act 1978 (WA) Petroleum Act 1936 (WA) (repealed) Petroleum and Geothermal Energy Resources Act 1967 (WA) Rights in Water and Irrigation Act 1914 (WA) Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) ss 12J, 14

Cases cited: Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025; 203 FCR 505 Clarrie Smith v State of Western Australia [2000] FCA 1249; 104 FCR 494 Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 a Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; 115 FCR 109 Ward v State of Western Australia [2006] FCA 1848