Aiken on behalf of the Bunuba People (Bunuba #3) v State of Western Australia [2015] FCA 1482

Aiken on behalf of the Bunuba People (Bunuba #3) v State of Western Australia [2015] FCA 1482

Because the parties had reached and filed a written, signed agreement for a consent determination, the statutory requirements for a consent determination were met, the State had assessed and accepted the connection material, the agreement was freely entered on an informed basis, the proposed determination complied with ss 94A and 225 and was within power, and the prescribed body corporate nomination requirements were met, it was appropriate to make the native title determination and trustee order sought.

Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Native Title Determination Application / Consent Determination of Native Title Pursuant to S 87 of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made for WAD 95 of 2013; Bunuba Dawangarri Aboriginal Corporation RNTBC appointed to hold the determined native title in trust; no order as to costs.
Legal Topics
['consent Determination of Native Title' 'agreement of Parties' 'prescribed Body Corporate' 'exclusive Native Title Rights and Interests' 'section 47 B Disregard of Prior Extinguishment']
['native Title'] ['consent Determination of Native Title' 'agreement of Parties' 'prescribed Body Corporate' 'exclusive Native Title Rights and Interests' 'section 47 B Disregard of Prior Extinguishment']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination of Native Title Pursuant to S 87 of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the Court should make a consent determination of native title in WAD 95 of 2013 under ss 87 and 94A of the Native Title Act 1993 (Cth).' 'Whether s 47B of the Native Title Act 1993 (Cth) applies to disregard prior extinguishment over Lot 341 on Deposited Plan 52596.' 'Whether Bunuba Dawangarri Aboriginal Corporation RNTBC should hold the determined native title in trust pursuant to s 56(2)(b) of the Native Title Act 1993 (Cth).']

Ratio Decidendi

Because the parties had reached and filed a written, signed agreement for a consent determination, the statutory requirements for a consent determination were met, the State had assessed and accepted the connection material, the agreement was freely entered on an informed basis, the proposed determination complied with ss 94A and 225 and was within power, and the prescribed body corporate nomination requirements were met, it was appropriate to make the native title determination and trustee order sought.

Court Disposition

Consent determination of native title made for WAD 95 of 2013; Bunuba Dawangarri Aboriginal Corporation RNTBC appointed to hold the determined native title in trust; no order as to costs.

Orders

  • ['There be a determination of native title in WAD 95 of 2013 in terms of the Determination provided for in Attachment A.' 'The Bunuba Dawangarri Aboriginal Corporation RNTBC ICN 7813 shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the Native Title Act 1993...