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Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 (No.3)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 13 December 2005
Sub Category:Consent Determination (Native Title Act)
Location:Wimmera, Victoria, Australia
The consent determinations cover an area of over 9,642 sq km in the Wimmera Region in Victoria.
Legal Status: Registered on the National Native Title Register (
Legal Reference: Federal Court file no. VID6009/1998; National Nati
Alternative Names:
  • Wimmera Consent Determination
  • Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples No. 3
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/federal%5fct/2005/1795.html
    Summary Information:
    Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795

    This is one of three consent determinations to arise out of this case; the other two being Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples No. 1; and Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples No. 2 (see under 'Related Agreements' below).

    Between: Kaylene Pamela Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples (APPLICANTS) and State of Victoria and others (REPSONDENTS).

    Judge: Merkel J

    Where made: Horseshoe Bend, Little Desert National Park

    Determination: Native title does not exist.

    In relation to the native title claim VID 6009 of 1998, the applicant and respondent parties have agreed that native title does not exist in relation to the Big Desert Determination Area (as described in Schedule 2) the Black Range Determination Area (as described in Schedule 4), the Carisbrook to Horsham Pipeline Determination Area (as described in Schedule 6) and the Patchewollock Determination Area (as described in Schedule 7).
    Detailed Information:
    These consent determinations represent the settlement of three native title claims by the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples ('Wotjobaluk people'). These are the native title claims VID 6002 of 1998, VID 6009 of 1998 and VID 6005 of 1999, located in the Wimmera, in western Victoria.

    They were made with the consent of over 400 parties.

    Related Entries

    Agreement
  • Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 (No.2)
  • Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 (No.1)
  • Organisation
  • State of Victoria - Respondent
  • Horsham Rural City Council - Respondent
  • Yarriambiack Shire Council - Respondent
  • Federal Court of Australia
  • National Native Title Tribunal
  • Native Title Services Victoria
  • Evolution Outdoors Pty Ltd - Respondent
  • People
  • Kevin Drinkell - Respondent
  • Murray Trevor Hill - Respondent
  • Wotjobaluk People
  • Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples - Native Title Claimant

  • References

    Media Release
    National Native Title Tribunal (2005) Wimmera native title consent determinations a first for Victoria
    Report
    Commonwealth of Australia (2005) Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 (Federal Court consent determination)
    Resource
    National Native Title Tribunal (2004) Native Title by Consent Determinations

    Glossary

    Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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