Yindjibarndi Aboriginal Corporation RNTBC v State of Western Australia [2020] FCA 1416

FEDERAL COURT OF AUSTRALIA

Yindjibarndi Aboriginal Corporation RNTBC v State of Western Australia [2020] FCA 1416 File number: WAD 215 of 2017

Judgment of: RARES J

Date of judgment: 2 October 2020

Catchwords: NATIVE TITLE – application under s 13(1)(b) and s 87A of the Native Title Act 1993 (Cth) for consent variation of Full Court approved determination of native title – where area of land and waters had been subject of approved determination of non-exclusive native title in 2007 – where subsequent decision of the Full Court changed legal principles relevant to 2007 determination – where a subsequent determination of exclusive native title over contiguous land and waters of same native title claim group made in 2017 – whether in interests of justice to make a consent determination varying the 2007 determination to reflect subsequent events and correct mapping errors – whether ss 47A and 47B applied to a reserve and parcels of unallocated Crown land – whether conditions set out in ss 13(5) and 87A relating to the approval of consent determination to vary earlier approved determination satisfied – Held: in interests of justice to make the proposed orders and consent variation determination

Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth) Land Act 1933 (WA)

Cases cited: Banjima People v State of Western Australia (2015) 231 FCR 456 Daniel v State of Western Australia [2003] FCA 666 Daniel v State of Western Australia [2005] FCA 536 Fortescue Metals Group v Warrie (2019) 273 FCR 350 Gordon (on behalf of the Kariyarra Native Title Claim Group) v State of Western Australia [2018] FCA 1990 Griffiths v Northern Territory (2007) 165 FCR 391 Helicopter Tjungarrayi v Western Australia (2019) 366 ALR 603 Moses v Western Australia (2007) 160 FCR 148 Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109 Murray on behalf of the Yilka Native Title Claimants v State of Western Australia [2016] FCA 752 Oil Basins Ltd v Watson [2014] FCAFC 154 Tarlka Matuwa Piarku (Aboriginal Corporation) RNTBC v Western Australia [2017] FCA 40 The Queen v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45 Warrie (formerly TJ) (on behalf of the Yindjibarndi People) v State of Western Australia (No 2) (2017) 366 ALR 467 Warrie (formerly TJ) (on behalf of the Yindjibarndi people) v Western Australia (2017) 365 ALR 624 Western Australia v Brown (2014) 253 CLR 507 Western Bundjalung People v Attorney-General of New South Wales [2017] FCA 992 WF (deceased) on behalf of the Wiluna People v Western Australia [2013] FCA 755