In this case Robertson J ordered that, in relation to the determination area, there be a determination of native title subject to s 225 of the Native Title Act 1993 (Cth) (NTA). Also, that the Gogolanyngor Aboriginal Corporation RNTBC (ICN 8947) shall hold the determined native title in trust for the native title holders pursuant to s 56(2)(b) of the NTA. No order as to costs.
As submitted by the applicant and the State, the issues in the Jabirr Jabirr/Ngumbarl proceeding have all been resolved, and the matter is appropriate for finalisation through a determination of native title. The resolution of these issues arises not because of the substantive agreement between the applicant and the State, but from the rulings made by North J, which are directly relevant to any determination to be made in the claim area.
In orders made on 2 May 2018 by North J in Manado (on behalf of Bindunbur Native Title Claim Group) v State of Western Australia [2018] FCA 854 certain areas were not included in the determinations made in the proceedings. Those proceedings were adjourned in relation to those areas. Further, Robertson J addressed part of the area in relation to the adjourned proceedings in Manado (on behalf of Bindunbur Native Title Claim Group) v State of Western Australia [2019] FCA 1873. These proceedings deal with the remainder of that area, which became the subject of an application for a determination of native title in terms specified in a Minute of Proposed Orders.
The position of the applicant and the State is that a determination of native title in respect of the present determination area should be made on the basis of the findings made by North J in relation to the Jabirr Jabirr/Ngumbarl native title determination (WAD18/2019). The proposed orders and determination of native title were filed by the applicant in these proceedings on 9 March 2020, intending to fully and finally resolve native title issues in relation to the remainder of the Jabirr Jabirr/Ngumbarl claim area by the making of determination of native title.
The applicant and the state submit that as the terms of the determination are derived from the terms of the Jabirr Jabirr/Ngumbarl determination and the proposed determination is not a new native title claim, the determination remain consistent with the orders of North J in Manado (on behalf of Bindunbur Native Title Claim Group) v State of Western Australia [2018] FCA 854 and should be made so as to resolve the remainder of the Jabirr Jabirr/Ngumbarl claim.