Taylor v State of Western Australia (No 2) [2017] FCA 1255

Taylor v State of Western Australia (No 2) [2017] FCA 1255

Because the parties, including the intervener, filed signed agreed terms for a Part B native title determination, the s 66 notification periods had ended, the proposed orders were within the Court's power and it was appropriate to make them, the Court made a consent determination under s 87 of the Native Title Act 1993 (Cth). The determination was made on the premise that s 47B applies to the whole Determination Area, while noting the parties' agreement about a possible future variation application depending on appellate resolution of the s 47B issue in Helicopter.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Native Title Determination Applications / Consent Determination of Native Title for Part B Pursuant to S 87 of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made for Part B of WAD 293 of 2005 and Part B of WAD 720 of 2015; no order as to costs.
Legal Topics
['consent Determination' 'section 47 B Native Title Act 1993 (cth)' 'petroleum Exploration Permits' 'possible Future Variation of Determination' 'prescribed Body Corporate']
['native Title'] ['consent Determination' 'section 47 B Native Title Act 1993 (cth)' 'petroleum Exploration Permits' 'possible Future Variation of Determination' 'prescribed Body Corporate']

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Procedural Posture

Native Title Determination Applications / Consent Determination of Native Title for Part B 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 relation to Part B of WAD 293 of 2005 and WAD 720 of 2015 under s 87 of the Native Title Act 1993 (Cth).' 'Whether the proposed determination could proceed on the premise that s 47B of the Native Title Act 1993 (Cth) applies to land subject to Petroleum Exploration Permit EP 448, while preserving the possibility of a future variation application depending on appellate outcomes in Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western Australia (No 2) [2017] FCA 587.' 'Whether a prescribed body corporate had been established for the native title rights and interests.']

Ratio Decidendi

Because the parties, including the intervener, filed signed agreed terms for a Part B native title determination, the s 66 notification periods had ended, the proposed orders were within the Court's power and it was appropriate to make them, the Court made a consent determination under s 87 of the Native Title Act 1993 (Cth). The determination was made on the premise that s 47B applies to the whole Determination Area, while noting the parties' agreement about a possible future variation application depending on appellate resolution of the s 47B issue in Helicopter.

Court Disposition

Consent determination of native title made for Part B of WAD 293 of 2005 and Part B of WAD 720 of 2015; no order as to costs.

Orders

  • ['Part B of WAD 293 of 2005 and Part B of WAD 720 of 2015 be determined together pursuant to section 67(1) of the Native Title Act and there be a determination of native title in the terms of the attached Consent Determination of Native Title.' 'The determination is to take effect immediately upon the making of a...