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Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia [2019] FCA 1873

Year
2019
Jurisdiction
Western Australia
Forum
Federal Court
Legislation considered
s 47B Native Title Act 1993 (Cth)
s 225 Native Title Act 1993 (Cth)
Summary

Robertson J

In this matter the Court made orders by consent recognising the native title rights and interests of the Jabirr Jabirr/Ngumbarl, Nyul Nyul and Nimanburr people in relation to an area located on the Dampier Peninsular north of Broome in Western Australia.

The applicants were Ernest Damian Manado, Alec Dann, Cecilia Churnside and othes named in the Schedule. The respondents were the State of Western Australia, The Commonwealth of Australia and Victoria Jane Burton

Background

The determination area had been excluded from a native title determination made by North J in the Bindunbur proceedings: Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2018] FCA 854. It was agreed that the terms of the determination remained consistent and is subject to all of the findings previously made by North J.

Exclusive Native Title Rights and Interests

The native title rights and interests recognised in relation to the entire area identified in Schedule 1 and maps shown in Schedule 5 is the right of possession, occupation, use and enjoyment as against the whole world.

Orders

There be a determination of native title in the terms provided in Attachment A.
The determined native title is to be held in trust for the Jabirr Jabirr/ Ngumbarl native title holders by the Gogolanyngor Aboriginal Corporation ICN 8947. 
The determined native title is to be held in trust for the Nimanburr native title holders by the Nimanburr Aboriginal Corporation ICN 8948.
There be no order as to costs.