Banks-Smith J
This case concerned two applications for a determination of native title made by the same applicant on behalf of two different claim groups. The differences between the claim groups were described as being inconsequential and the land and waters over which the claims were made were in the same geographical area. For these reasons, the Court found it appropriate that there be one set of reasons to address both.
Background
The proceedings were commenced by the filing of separate applications under s 61 of the Native Title Act 1993 (Cth) (NTA) by the Warrwa Mawadjala Gadjidgar claim group and the Warrwa claim group. The application on behalf of the Warrwa People native title claim group was the product of two earlier claims and was referred to as the Warrwa Combined Application. The determination only addressed part of the area the subject of the Warrwa Combined Application and was therefore brought under s 87A of the NTA.
The claim groups reached an agreement with the State of Western Australia and the other respondents to the proceedings as to the terms of a proposed determination, which was signed filed with the Court per s 87 of the NTA.
Decision
His Honour summarised and accepted the 13 submissions provided to prove the Warrwa People’s connection to country. He also noted that the applicant was authorised by s 61 of the NTA and the importance of the applicant having the opportunity to properly consider the nature of any proposed consent determination. The Court was satisfied that the proposed determinations had been authorised in accordance with the requirements of s 251B of the NTA. The Court was also satisfied that the ss 87 and 87A requirements had been fulfilled. Finally, the proposed determinations were held to set out the matters prescribed by s 225 and so complied with s 94A.
Orders were made awarding a determination of native title in favour of the applicant in both applications. The Warrwa People Aboriginal Corporation was nominated to hold the native title on trust under s 56(2) of the NTA.