Hamlett on behalf of the Wajarri Yamatji People (Part F) v State of Western Australia (No 4) [2025] FCA 61

Hamlett on behalf of the Wajarri Yamatji People (Part F) v State of Western Australia (No 4) [2025] FCA 61

The Federal Court has jurisdiction and power under s 87 of the Native Title Act 1993 (Cth) to make a consent determination recognising native title in the Part F Determination Area over land and waters, where all parties have reached agreement and provided sufficient credible connection and tenure material, identifying the Wajarri Yamatji as the native title holders and nominating a prescribed body corporate to hold native title in trust. The orders are appropriate and within power.

Parties
First Applicant: Colin Hamlett; Second Applicant: Rochelle Baumgarten; Third Applicant: Robin Boddington; First Applicant (wad 611 of 2018) / Seventh Applicant (wad 28 of 2019) / Ninth Applicant (wad 32 of 2018): Gavin Egan; Second Applicant (wad 611 of 2018) / Fourth Applicant (wad 32 of 2018): Geoffrey Mongoo; Third Applicant (wad 611 of 2018) / Seventh Applicant (wad 32 of 2018) / Nineteenth Applicant (wad 28 of 2019): TS (Deceased); Third Applicant (wad 32 of 2018) / Tenth Applicant (wad 28 of 2019): David Jones; First Respondent: State of Western Australia; Second Respondent (wad 28 of 2019): Commonwealth of Australia; Third Respondent (wad 28 of 2019): Shire of Meekatharra; Second Respondent (wad 32 of 2018): Shire of Murchison; Third Respondent (wad 32 of 2018) / Seventy First Respondent (wad 28 of 2019): Warrego Energy EP512 Pty Ltd; Fourth Respondent (wad 28 of 2019): Shire of Mount Magnet; Fifth Respondent (wad 28 of 2019): Shire of Yalgoo; Sixth Respondent (wad 28 of 2019): Yamatji Marlpa Aboriginal Corporation; Seventy Second Respondent (wad 28 of 2019): Amplitel Pty Ltd; Seventy Third Respondent (wad 28 of 2019): Telstra Corporation Limited
Jurisdiction
Australia
Judgment Date
13 February 2025
Procedural Posture
Native Title Consent Determination / Final Determination
Outcome
Native title exists for the Part F Determination Area as determined by consent. Determined native title is to be held on trust by the Wajarri Yamaji Aboriginal Corporation RNTBC. There is no order as to costs.
Legal Topics
Consent Determination, Prescribed Body Corporate Nomination, Recognition of Native Title Holders, Overlap Resolution
Native Title Consent Determination Prescribed Body Corporate Nomination Recognition of Native Title Holders Overlap Resolution

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Parties

Colin Hamlett

First Applicant

Rochelle Baumgarten

Second Applicant

Robin Boddington

Third Applicant

Gavin Egan

First Applicant (wad 611 of 2018) / Seventh Applicant (wad 28 of 2019) / Ninth Applicant (wad 32 of 2018)

Geoffrey Mongoo

Second Applicant (wad 611 of 2018) / Fourth Applicant (wad 32 of 2018)

TS (Deceased)

Third Applicant (wad 611 of 2018) / Seventh Applicant (wad 32 of 2018) / Nineteenth Applicant (wad 28 of 2019)

David Jones

Third Applicant (wad 32 of 2018) / Tenth Applicant (wad 28 of 2019)

State of Western Australia

First Respondent

Commonwealth of Australia

Second Respondent (wad 28 of 2019)

Shire of Meekatharra

Third Respondent (wad 28 of 2019)

Shire of Murchison

Second Respondent (wad 32 of 2018)

Warrego Energy EP512 Pty Ltd

Third Respondent (wad 32 of 2018) / Seventy First Respondent (wad 28 of 2019)

Shire of Mount Magnet

Fourth Respondent (wad 28 of 2019)

Shire of Yalgoo

Fifth Respondent (wad 28 of 2019)

Yamatji Marlpa Aboriginal Corporation

Sixth Respondent (wad 28 of 2019)

Amplitel Pty Ltd

Seventy Second Respondent (wad 28 of 2019)

Telstra Corporation Limited

Seventy Third Respondent (wad 28 of 2019)

Procedural Posture

Native Title Consent Determination / Final Determination

Legal Issues

  1. 1 Whether native title exists in the Part F Determination Area
  2. 2 Who are the native title holders
  3. 3 Nature and extent of native title rights and interests

Ratio Decidendi

The Federal Court has jurisdiction and power under s 87 of the Native Title Act 1993 (Cth) to make a consent determination recognising native title in the Part F Determination Area over land and waters, where all parties have reached agreement and provided sufficient credible connection and tenure material, identifying the Wajarri Yamatji as the native title holders and nominating a prescribed body corporate to hold native title in trust. The orders are appropriate and within power.

Court Disposition

Native title exists for the Part F Determination Area as determined by consent. Determined native title is to be held on trust by the Wajarri Yamaji Aboriginal Corporation RNTBC. There is no order as to costs.

Orders

  • Proceedings WAD 28 of 2019, WAD 32 of 2018 and WAD 611 of 2018 be determined together.
  • In relation to the Part F Determination Area there be a determination of native title as provided for in Attachment A.