Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2017] FCA 1367

FEDERAL COURT OF AUSTRALIA

Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2017] FCA 1367 File numbers: WAD 359 of 2013 WAD 357 of 2013 WAD 374 of 2013

Judge: NORTH J

Date of judgment: 23 November 2017

Catchwords: NATIVE TITLE – application for determination of native title – whether under traditional laws and customs rights to land are acquired by descent only – whether descent is required from time immemorial or only to remembered recent ancestors NATIVE TITLE – whether under traditional laws and customs rights to land are acquired by succession – whether succession may only occur where group has died out – whether succession is limited to kin and people in close geographic proximity NATIVE TITLE – whether under traditional laws and customs rights to land are acquired by custodianship NATIVE TITLE – whether under traditional laws and customs rights to land are acquired by rayi connection – whether such rights are rights which relate to land or waters – whether rights subject to recognition and control by the descent based group NATIVE TITLE – whether under traditional laws and customs rights to land are acquired by having mythological and ritual knowledge NATIVE TITLE – whether evidence establishes connection of the claim group to the Lacepede Islands NATIVE TITLE – whether the determination should identify native title holders by reference to language groups NATIVE TITLE – section 225(c) of the Native Title Act 1993 (Cth) – other interests – whether public access should be included as other interests – how specific should public access by recorded in the determination NATIVE TITLE – section 225(c) of the Native Title Act 1993 (Cth) – other interests –whether the buffer zone created under the Browse LNG Precinct Project Agreement should be included as an other interest NATIVE TITLE – section 225(c) of the Native Title Act 1993 (Cth) – other interests –whether statutory rights, interests, powers and functions should be included as other interests – whether the Commonwealth administration of fishing zones should to be included as other interests NATIVE TITLE – extinguishment – how the extent of intertidal zone should be described in the determination NATIVE TITLE – extinguishment – section 23C(2) of the Native Title Act 1993 (Cth) – whether Shire pits, bores, camp and grader parking are public works – section 251D of the Native Title Act 1993 (Cth) – whether Shire pits, bores, camp and grader parking were adjacent and necessary to the construction of the public works NATIVE TITLE – section 24IC of the Native Title Act 1993 (Cth) – extinguishment – vaild future acts – whether renewal of existing pastoral leases are valid future acts NATIVE TITLE – extinguishment – what amounts to evidence of occupation for the purposes of s 47B(1)(c) of the Native Title Act 1993 (Cth)