Banks-Smith J
In this case, the Malarngowem Native Title Claim Group and respondent parties (the State of Western Australia, local Shire, and a number of private companies) agreed to and sought a consent determination of native title under s 87A of the Native Title Act 1993 (Cth) (NTA). The land in question was in the Kimberly region.
The Court was satisfied that the orders sought were appropriate and within the powers of the Court.
No prescribed body corporate had been established at the time of determination and Banks-Smith J noted that under s 55 of the NTA, the Court was required to, at time of making its orders or ‘as soon as practicable’ afterwards, make the determinations required by ss 56 and 57 of the NTA as to what body will hold the native title on trust. Her Honour granted the order sought by the parties to allow the Applicant 12 months to prepare the proposal. Having found that all requirements were fulfilled, Her Honour made the determination sought.