Neowarra v State of Western Australia [2004] FCA 1092

Neowarra v State of Western Australia [2004] FCA 1092

The Court determined that native title exists in relation to the determination area except for the areas set out in Schedule 3, and that the native title is held by members of the Wanjina-Wunggurr Community with rights and interests varying according to the areas identified in Schedules 4 to 8 and subject to the laws of the State and the Commonwealth, traditional laws and customs, and specified other interests.

Jurisdiction
Australia
Judgment Date
27 August 2004
Procedural Posture
Native Title Determination / Determination and Orders
Outcome
Native title determination made for the Wanjina-Wunggurr Community, with native title existing in the determination area except in the areas where native title does not exist, and further orders made for nomination of a prescribed body corporate.
Legal Topics
['existence of Native Title' 'native Title Holders' 'native Title Rights and Interests' 'extinguishment of Native Title' 'pastoral Leases' 'reserves' 'prescribed Body Corporate']
['native Title'] ['existence of Native Title' 'native Title Holders' 'native Title Rights and Interests' 'extinguishment of Native Title' 'pastoral Leases' 'reserves' 'prescribed Body Corporate']

Case Brief

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Procedural Posture

Native Title Determination / Determination and Orders

Legal Issues

  1. 1 ['Whether native title exists in relation to the determination area.' 'Who holds the native title rights and interests.' 'The nature and extent of the native title rights and interests in different parts of the determination area.' 'The nature and extent of other interests in relation to the determination area.' 'The relationship between native title rights and interests and other interests.' 'Whether the native title is to be held in trust and nomination of a prescribed body corporate.']

Ratio Decidendi

The Court determined that native title exists in relation to the determination area except for the areas set out in Schedule 3, and that the native title is held by members of the Wanjina-Wunggurr Community with rights and interests varying according to the areas identified in Schedules 4 to 8 and subject to the laws of the State and the Commonwealth, traditional laws and customs, and specified other interests.

Court Disposition

Native title determination made for the Wanjina-Wunggurr Community, with native title existing in the determination area except in the areas where native title does not exist, and further orders made for nomination of a prescribed body corporate.

Orders

  • ['Native title exists in relation to the determination area.' 'Native title does not exist in the areas set out in Schedule 3.' 'The native title is held by the members of the Wanjina-Wunggurr Community for their respective communal, group and individual rights and interests in the determination area.' 'For areas in...