North J
The court made orders for a determination of native title in favour of the Bindunbur native title claim group in WAD359/2013 (the Bindunbur determination) and in favour of the Jabirr Jabirr/Ngumbarl native title claim group in WAD357/2013 (the Jabirr Jabirr determination). A consequence of the Jabirr Jabirr determination was that the claimant application of the Goolarabooloo native title claim group in WAD374/2013 was dismissed.
This case concerned the final orders in the applications for determinations brought by the Bindunbur people, the Jabirr Jabirr people and the Goolarabooloo people, in the Mid Dampier Peninsula. These groups first filed applications in 2013 for determinations of native title, which commenced in September 2015. A summary of this case and the reasoning of North J is available in Manado (on behalf of the Bindunbur Native Title Claim Group) State of Western Australia [2017] FCA 1367.
Rights and interests
The rights and interests in part of the Determination Area (referred to in Schedule 4) is the right of possession, occupation, use and enjoyment of that part as against the whole world. The nature and extent of the rights and interests in the remainder of the Determination Area are the rights to access, remain in, and use those lands and waters, access and take for any purpose the resources, and protect places, areas and things of traditional significance.