Daniel v State of Western Australia [2005] FCA 536

Daniel v State of Western Australia [2005] FCA 536

Native title does not exist in certain defined parts of the Determination Area but exists on a non-exclusive basis in others; it is held by the Ngarluma and Yindjibarndi Peoples as specified, subject to qualifications and to coexistence with other defined non-native title interests, pursuant to the Native Title Act 1993 (Cth). Arrangements for holding title for both Peoples are directed under the Act.

Jurisdiction
Australia
Judgment Date
02 May 2005
Procedural Posture
Native Title Determination / Final Orders
Outcome
Native title determined to exist in part, not to exist in part; various orders regarding trust arrangements, further filings and procedural steps, and dismissal of some overlapping applications.
Legal Topics
['existence and Non Existence of Native Title' 'non Exclusive Native Title Rights' 'native Title Act 1993 (cth)' 'extinguishment of Native Title' 'prescribed Body Corporate' 'trusts in Native Title' 'other Interests in Determination Area']
['native Title' 'aboriginal Law'] ['existence and Non Existence of Native Title' 'non Exclusive Native Title Rights' 'native Title Act 1993 (cth)' 'extinguishment of Native Title' 'prescribed Body Corporate' 'trusts in Native Title' 'other Interests in Determination Area']

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

Native Title Determination / Final Orders

Legal Issues

  1. 1 ['Does native title exist (or is extinguished) in specified areas within the Determination Area?' 'What are the nature and holders of any native title rights and interests in the Determination Area?' 'What is the relationship between native title rights and other existing interests in the area?' 'What arrangements for holding native title rights must be made post-determination?']

Ratio Decidendi

Native title does not exist in certain defined parts of the Determination Area but exists on a non-exclusive basis in others; it is held by the Ngarluma and Yindjibarndi Peoples as specified, subject to qualifications and to coexistence with other defined non-native title interests, pursuant to the Native Title Act 1993 (Cth). Arrangements for holding title for both Peoples are directed under the Act.

Court Disposition

Native title determined to exist in part, not to exist in part; various orders regarding trust arrangements, further filings and procedural steps, and dismissal of some overlapping applications.

Orders

  • ['Native title does not exist in relation to specified areas (Burrup, Offshore Waters, Depuch Island, Hamersley Ranges Area, Total Extinguishment Area).' 'Non-exclusive native title rights and interests exist in the Ngarluma Native Title Area and Yindjibarndi Native Title Area, as defined.' 'Rights and interests...