North J
North J made a number of consent orders in relation to a native title determination application by the Karajarri people in respect of lands in Western Australia.
No Determination
North J made an order by consent that no determination of native title be made in relation to land comprising a number of pastoral leases and reserves in Western Australia pending the decision of the High Court in The State of Western Australia v Ben Ward & Ors (and related appeals).
Negative Determination
North J dismissed the native title determination application in respect of land and waters seaward of the Lowest Astronomical Tide. Certain other areas were also excluded in accordance with s 61A of the Native Title Act 1993 (Cth) (‘NTA’) (and s 23C of the NTA and ss 12I and 12J of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA)) because they were areas where previous exclusive possession acts have occurred and thus native title had been extinguished.
Positive Determination
North J determined that native title exists in Determination Area A, covering some 24, 000km2 and that the native title be held by in trust by the Karajarri Traditional Lands Association (Aboriginal Corporation). The native title was held to be exclusive in nature and include the rights to live on the land, make decisions about the use and enjoyment of land and waters, hunt, gather, fish, take and use waters and other resources and maintain and protect areas of significance in accordance with their traditional laws and customs. This was subject to some limitations, including the rights of persons holding mining leases to exercise those rights.
North J was satisfied that the proposed orders included all details required by s 225 of the NTA and that the agreement was freely entered into by the parties.