Sturt on behalf of the Jaru Native Title Claim v State of Western Australia [2018] FCA 1923

FEDERAL COURT OF AUSTRALIA

Sturt on behalf of the Jaru Native Title Claim v State of Western Australia [2018] FCA 1923 File number: WAD 45 of 2012

Judge: MORTIMER J

Date of judgment: 6 December 2018

Catchwords: NATIVE TITLE – consent determination – agreement of the parties – where apical ancestors in determination different to those identified in application under s 61 of the Native Title Act 1993 (Cth) – where interlocutory application brought prior to determination challenging inclusion of certain apical ancestors – where list of apical ancestors for the native title holders duly authorised by claim group – requirements of s 87A of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders

Legislation: Australian Telecommunications Corporation Act 1989 (Cth) Native Title Act 1993 (Cth), ss 23C(2), 24BG, 47A, 47B, 55, 56, 57, 61, 62A, 66, 87, 87A, 94A, 251D, 223, 225 Post and Telegraph Act 1901 (Cth) Telecommunications Act 1975 (Cth) Telecommunications Act 1991 (Cth) Telecommunications Act 1997 (Cth) Agriculture and Related Resources Protection Act 1976 (WA) Biosecurity and Agriculture Management Act 2007 (WA) Land Administration Act 1997 (WA) Mining Act 1978 (WA) Mining Act 1904 (WA) (repealed) Petroleum Act 1936 (WA) (repealed) Petroleum and Geothermal Energy Resources Act 1967 (WA) Rights in Water and Irrigation Act 1914 (WA) Soil and Land Conservation Act 1945 (WA) Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA), s 12J