Robe River Kuruma Aboriginal Corporation RNTBC v State of Western Australia [2021] FCA 20

Federal Court of Australia

Robe River Kuruma Aboriginal Corporation RNTBC v State of Western Australia [2021] FCA 20 File number: WAD 91 of 2020

Judgment of: RANGIAH J

Date of judgment: 27 January 2021

Catchwords: NATIVE TITLE – application under s 13(1)(b) and s 61(1) of the Native Title Act 1993 (Cth) for variation of approved determination of native title – where subsequent decision of High Court clarified legal principles relating to disregarding of extinguishment under s 47B(2) in respect of land or waters covered by exploration or prospecting licences or permits – whether conditions set out in ss 13 and 61 relating to the approval of determination to vary earlier approved determination satisfied – whether requirements of s 87 are satisfied – application allowed – determination of native title made in terms consistent with those agreed by parties

Legislation: Native Title Act 1993 (Cth) ss 13, 47B, 61, 66, 80, 81, 87, 87A, 94A, 212 and 225 Native Title Amendment Act 2009 (Cth) Federal Court Rules 2011 (Cth) r 39.05 Dampier to Bunbury Pipeline Act 1997 (WA) Goldfields Gas Pipeline Agreement Act 1994 (WA) Iron Ore (Cleveland Cliffs) Agreement Act 1964 (WA) Mining Act 1904 (WA) (repealed) Mining Act 1978 (WA) Petroleum Act 1936 (WA) (repealed) Petroleum and Geothermal Energy Resources Act 1967 (WA) Petroleum Pipelines Act 1969 (WA) Rights in Water and Irrigation Act 1914 (WA) Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) s 14