Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2013] FCAFC 18

Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2013] FCAFC 18

The Court adopted the appellant's proposed final orders because they were closer to the ultimate position reflected in the judgments of Barker J and Mansfield J than the broader orders Greenwood J had earlier proposed. The previous determination was set aside and a substituted determination was made recognising non-exclusive native title rights and interests that continue to exist but yield to inconsistent Other Interests without being extinguished.

Jurisdiction
Australia
Judgment Date
22 February 2013
Procedural Posture
Appeal From Native Title Determination / Final Orders After Full Court Principal Judgment
Outcome
The appellant's proposed final orders were adopted; the 6 August 2010 native title determination was set aside and a substituted determination of native title was made, with no order as to costs.
Legal Topics
['determination of Native Title' 'extinguishment of Native Title' 'relationship Between Native Title Rights and Mining Interests' 'prescribed Body Corporate']
['native Title' 'mining Law'] ['determination of Native Title' 'extinguishment of Native Title' 'relationship Between Native Title Rights and Mining Interests' 'prescribed Body Corporate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Native Title Determination / Final Orders After Full Court Principal Judgment

Legal Issues

  1. 1 ["Whether the final orders should adopt the appellant's or the State of Western Australia's proposed substituted determination of native title." 'Whether the native title rights and interests of the Ngarla People were extinguished by the Mount Goldsworthy Agreement, the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) and the Mount Goldsworthy Leases, or instead continued but yielded to inconsistent mining rights.' 'What relationship should be stated between the determined native title rights and interests and the Other Interests.']

Ratio Decidendi

The Court adopted the appellant's proposed final orders because they were closer to the ultimate position reflected in the judgments of Barker J and Mansfield J than the broader orders Greenwood J had earlier proposed. The previous determination was set aside and a substituted determination was made recognising non-exclusive native title rights and interests that continue to exist but yield to inconsistent Other Interests without being extinguished.

Court Disposition

The appellant's proposed final orders were adopted; the 6 August 2010 native title determination was set aside and a substituted determination of native title was made, with no order as to costs.

Orders

  • ['The determination of native title made by the Court on 6 August 2010 in WAD 6185 of 1998 be set aside and a new determination of native title in relation to the Determination Area be substituted in terms of Annexure One attached to these orders.' 'The Wanparta Aboriginal Corporation shall hold the determined...