Jingle on behalf of the Jaru People #2 v State of Western Australia [2022] FCA 1511

Jingle on behalf of the Jaru People #2 v State of Western Australia [2022] FCA 1511

The Court was satisfied that the parties had filed an agreed minute after notification, that the proposed orders complied with ss 87, 94A and 225 of the Native Title Act 1993 (Cth), that overlapping-claim concerns under ss 67 and 68 had been resolved by dismissal of the remaining Jaru #1 proceeding, and that the State accepted a credible basis for the Jaru People's connection and occupation including for s 47B. It was therefore within power and appropriate to make the consent determination that native title exists, with Jaru Aboriginal Corporation RNTBC (ICN 9512) holding the native title in trust.

Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Native Title Determination Application / Consent Determination Under S 87 of the Native Title Act 1993 (cth), Determined on the Papers
Outcome
Consent determination of native title made in favour of the Jaru People; Jaru Aboriginal Corporation RNTBC (ICN 9512) appointed to hold the determined native title in trust; no order as to costs.
Legal Topics
['consent Determination' 'non Extinguishment Under S 47 B of the Native Title Act 1993 (cth)' 'prescribed Body Corporate' 'unallocated Crown Land' 'exclusive Native Title Rights and Interests']
['native Title'] ['consent Determination' 'non Extinguishment Under S 47 B of the Native Title Act 1993 (cth)' 'prescribed Body Corporate' 'unallocated Crown Land' 'exclusive Native Title Rights and Interests']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination Under S 87 of the Native Title Act 1993 (cth), Determined on the Papers

Legal Issues

  1. 1 ['Whether the Court should make a determination of native title by consent under s 87 of the Native Title Act 1993 (Cth).' 'Whether the proposed orders were within the power of the Court and appropriate to be made.' 'Whether s 47B of the Native Title Act 1993 (Cth) applied to disregard prior extinguishment in relation to the determination area.' 'Whether the Jaru Aboriginal Corporation RNTBC (ICN 9512) should hold the determined native title in trust for the native title holders.']

Ratio Decidendi

The Court was satisfied that the parties had filed an agreed minute after notification, that the proposed orders complied with ss 87, 94A and 225 of the Native Title Act 1993 (Cth), that overlapping-claim concerns under ss 67 and 68 had been resolved by dismissal of the remaining Jaru #1 proceeding, and that the State accepted a credible basis for the Jaru People's connection and occupation including for s 47B. It was therefore within power and appropriate to make the consent determination that native title exists, with Jaru Aboriginal Corporation RNTBC (ICN 9512) holding the native title in trust.

Court Disposition

Consent determination of native title made in favour of the Jaru People; Jaru Aboriginal Corporation RNTBC (ICN 9512) appointed to hold the determined native title in trust; no order as to costs.

Orders

  • ['The Court was satisfied that an order in the terms proposed in the attached Minute of Consent Determination of Native Title was within the power of the Court and appropriate to be made pursuant to s 87 of the Native Title Act 1993 (Cth).' 'There be a determination of native title in the terms of the Minute of...