Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia [2019] FCA 1873

Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia [2019] FCA 1873

The Court made the determination because the earlier comprehensive findings of North J in the Bindunbur proceeding applied to the whole Bindunbur claim area, including the Present Determination Area that had only been temporarily excluded due to then-existing Full Court authority concerning s 47B. After the High Court decision in Tjungarrayi set aside the relevant Full Court orders, any doubt arising from the petroleum exploration tenement fell away, the applicant and the State agreed the proposed determination satisfied the Native Title Act requirements, no other party sought to be heard, and the nominated prescribed bodies corporate had consented to hold the native title in trust.

Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Application for Determination of Native Title / Application Determined on the Papers in Relation to the Remaining Part of the Bindunbur Claim Area After Prior Adjournment
Outcome
Determination of native title made for the whole of the Determination Area; prescribed bodies corporate appointed to hold native title in trust; no order as to costs.
Legal Topics
['determination of Native Title' 'prescribed Bodies Corporate' 'prior Extinguishment Disregarded Under S 47 B of the Native Title Act 1993 (cth)' 'petroleum Exploration Permit' 'section 225 Determination Requirements']
['native Title'] ['determination of Native Title' 'prescribed Bodies Corporate' 'prior Extinguishment Disregarded Under S 47 B of the Native Title Act 1993 (cth)' 'petroleum Exploration Permit' 'section 225 Determination Requirements']

Case Brief

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Procedural Posture

Application for Determination of Native Title / Application Determined on the Papers in Relation to the Remaining Part of the Bindunbur Claim Area After Prior Adjournment

Legal Issues

  1. 1 ['Whether a determination of native title should be made in respect of the Present Determination Area on the basis of the earlier findings made by North J in relation to the Bindunbur native title determination application.' 'Whether, following Tjungarrayi v Western Australia [2019] HCA 12; 366 ALR 603, the applicant could claim the benefit of s 47B of the Native Title Act 1993 (Cth) in relation to the Present Determination Area affected by a petroleum exploration permit.' 'Whether Gogolanyngor Aboriginal Corporation ICN 8947 and Nimanburr Aboriginal Corporation ICN 8948 should hold the determined native title in trust for the relevant common law holders.']

Ratio Decidendi

The Court made the determination because the earlier comprehensive findings of North J in the Bindunbur proceeding applied to the whole Bindunbur claim area, including the Present Determination Area that had only been temporarily excluded due to then-existing Full Court authority concerning s 47B. After the High Court decision in Tjungarrayi set aside the relevant Full Court orders, any doubt arising from the petroleum exploration tenement fell away, the applicant and the State agreed the proposed determination satisfied the Native Title Act requirements, no other party sought to be heard, and the nominated prescribed bodies corporate had consented to hold the native title in trust.

Court Disposition

Determination of native title made for the whole of the Determination Area; prescribed bodies corporate appointed to hold native title in trust; no order as to costs.

Orders

  • ['In relation to the Determination Area, there be a determination of native title in WAD 25 of 2019 in the terms provided for in Attachment A.' 'Gogolanyngor Aboriginal Corporation ICN 8947 shall hold the determined native title in trust for the Jabirr Jabirr/Ngumbarl native title holders pursuant to s 56(2)(b) of...