Wilcox, North and Weinberg JJ
Consent determination in relation to the Miriuwung Gajerrong native title application recognised that native title exists in parts of the determination area. Orders included that non-exclusive rights and interests could not include a right to occupy. The Court also affirmed that the definitions of native title holders and non-exclusive native tile rights and interests must be defined exhaustively.
Wilcox, North and Weinberg JJ found that the right of absolute control of access must have been extinguished by the grant of the pastoral leases. They noted that there could be a surviving right to make decisions, pursuant to Aboriginal laws and custom, about the use and enjoyment of the land by Aboriginal people and that that right would not be affected by the grant of a pastoral lease.
The Court also found that in determining native title rights and interests, those rights and interests must be exhaustively specified in the determination. The Court amended the determination replacing 'include' with 'are' prior to listing the native title rights and interests.