K.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 4) [2017] FCA 1225

FEDERAL COURT OF AUSTRALIA

K.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 4) [2017] FCA 1225 File number: WAD 6001 of 2001

Judge: ROBERTSON J

Date of judgment: 24 October 2017

Catchwords: NATIVE TITLE – determination of native title by consent – requirements under s 87A of the Native Title Act 1993 (Cth)

Legislation: Australian Telecommunications Corporation Act 1989 (Cth) Native Title Act 1993 (Cth) ss 87A, 94A, 225 Post and Telegraph Act 1901 (Cth) Telecommunications Act 1975 (Cth) Telecommunications Act 1991 (Cth) Telecommunications Act 1997 (Cth) Land Act 1898 (WA) Land Act 1933 (WA) Land Administration Act 1997 (WA) Petroleum Act 1936 (WA) 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)

Cases cited: Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 Brown v Northern Territory [2015] FCA 1268 Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 Lander v State of South Australia [2012] FCA 427 Lota Warria (on behalf of the Poruma and Masig Peoples) v State of Queensland [2005] FCA 1117; 223 ALR 62 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; 115 FCR 109 Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992