Yindjibarndi Aboriginal Corporation RNTBC v State of Western Australia [2020] FCA 1416

Yindjibarndi Aboriginal Corporation RNTBC v State of Western Australia [2020] FCA 1416

The interests of justice require that the 2007 Moses determination be varied to grant exclusive native title rights of possession to the Yindjibarndi people for Reserve 40617 and six areas of unallocated Crown land, reflecting legal principles established after 2007 and correcting mapping errors. The statutory requirements for consent determination and variation under the Native Title Act 1993 (Cth) are met, and such a determination is both within the Court's power and appropriate, as all parties consented and occupation evidence is credible.

Parties
Applicant: Yindjibarndi Aboriginal Corporation RNTBC; First Respondent: State of Western Australia; Second Respondent: Fortescue Metals Group Pty Ltd; Third Respondent: Yamatji Marlpa Aboriginal Corporation
Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Application for Variation of Native Title Determination / Final Judgment and Orders on Consent Determination
Outcome
Consent determination of native title granted; previous determination varied.
Legal Topics
Variation of Native Title Determination, Consent Determination Under Native Title Act, Application of Ss 47 a and 47 B Native Title Act, Exclusive Versus Non Exclusive Native Title, Correction of Mapping Errors
Native Title Administrative Law Variation of Native Title Determination Consent Determination Under Native Title Act Application of Ss 47 a and 47 B Native Title Act Exclusive Versus Non Exclusive Native Title Correction of Mapping Errors

Case Brief

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Parties

Yindjibarndi Aboriginal Corporation RNTBC

Applicant

State of Western Australia

First Respondent

Fortescue Metals Group Pty Ltd

Second Respondent

Yamatji Marlpa Aboriginal Corporation

Third Respondent

Procedural Posture

Application for Variation of Native Title Determination / Final Judgment and Orders on Consent Determination

Legal Issues

  1. 1 Whether variation of the 2007 Moses determination should be made to recognise exclusive possession of Yindjibarndi people over specified reserves and unallocated Crown land.
  2. 2 Whether ss 47A and 47B Native Title Act 1993 (Cth) apply to Reserve 40617 and areas of unallocated Crown land.
  3. 3 Whether the interests of justice require variation to reflect legal principle changes and mapping corrections.

Ratio Decidendi

The interests of justice require that the 2007 Moses determination be varied to grant exclusive native title rights of possession to the Yindjibarndi people for Reserve 40617 and six areas of unallocated Crown land, reflecting legal principles established after 2007 and correcting mapping errors. The statutory requirements for consent determination and variation under the Native Title Act 1993 (Cth) are met, and such a determination is both within the Court's power and appropriate, as all parties consented and occupation evidence is credible.

Court Disposition

Consent determination of native title granted; previous determination varied.

Orders

  • The substituted determination effected by Order 2 made by the Court in proceeding WAD 114 of 2005 on 27 August 2007 be varied.
  • Recognition of exclusive possession rights for Yindjibarndi people over Reserve 40617 and specified unallocated Crown land areas.