Ward, on behalf of the Pila Nature Reserve Traditional Owners v State of Western Australia [2022] FCA 689

Ward, on behalf of the Pila Nature Reserve Traditional Owners v State of Western Australia [2022] FCA 689

The Court made the proposed consent orders because the parties had reached written agreements resolving the native title and compensation claims, the notification and authorisation requirements were satisfied, s 47C allowed prior extinguishment to be disregarded for the native title application, the proposed determinations complied with the Native Title Act 1993 (Cth), and the compensation orders gave effect to the CLPSA as full and final compensation on just terms for the Compensable Act.

Jurisdiction
Australia
Judgment Date
15 June 2022
Procedural Posture
Native Title Determination Application and Native Title Compensation Application / Consent Determination on the Papers
Outcome
Consent determinations of native title and compensation made; no order as to costs in each proceeding.
Legal Topics
['consent Determination of Native Title' 'native Title Compensation' 'extinguishment of Native Title' 'section 47 C Agreement to Disregard Prior Extinguishment' 'pila Nature Reserve' 'authorisation of Native Title and Compensation Claims']
['native Title' 'compensation'] ['consent Determination of Native Title' 'native Title Compensation' 'extinguishment of Native Title' 'section 47 C Agreement to Disregard Prior Extinguishment' 'pila Nature Reserve' 'authorisation of Native Title and Compensation Claims']

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Procedural Posture

Native Title Determination Application and Native Title Compensation Application / Consent Determination on the Papers

Legal Issues

  1. 1 ['Whether the Court should make a consent determination of native title over the Pila Nature Reserve in favour of the Pila Nature Reserve Traditional Owners.' 'Whether s 47C of the Native Title Act 1993 (Cth) enabled prior extinguishment of native title in the Determination Area to be disregarded.' 'Whether the Court should make consent orders determining compensation for the loss, diminution, impairment or other effect of the vesting of Reserve 34606.' 'Whether the applicants were authorised to bring and resolve the native title and compensation applications.' 'Whether the proposed orders were within power and appropriate under s 87 of the Native Title Act 1993 (Cth).']

Ratio Decidendi

The Court made the proposed consent orders because the parties had reached written agreements resolving the native title and compensation claims, the notification and authorisation requirements were satisfied, s 47C allowed prior extinguishment to be disregarded for the native title application, the proposed determinations complied with the Native Title Act 1993 (Cth), and the compensation orders gave effect to the CLPSA as full and final compensation on just terms for the Compensable Act.

Court Disposition

Consent determinations of native title and compensation made; no order as to costs in each proceeding.

Orders

  • ['In WAD 174 of 2021, there be a determination of native title in the terms set out in Attachment A.' 'In WAD 174 of 2021, Warnpurru (Aboriginal Corporation) (ICN: 8979) shall hold the determined native title in trust for the native title holders pursuant to section 56(2)(a) of the Native Title Act 1993 (Cth).' 'In...