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Brown (on behalf of the Ngarla People) v State of Western Australia (No 3) [2010] FCA 859

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 6 August 2010
Sub Category:Consent Determination (Native Title Act)
Location:In the vicinity of Port Headland, north west Western Australia, Western Australia, Australia
In the vicinity of Port Headland, north west Western Australia, Western Australia, Australia Mineral leases ML 235SA and ML 249SA.
Legal Status: Registered on the Native Title Tribunal Register (of native title determinations).
Legal Reference: Federal Court No: WAD6185/1998 National Native Title Tribunal No: WC99/26
Alternative Names:
  • Ngarla People (Mount Goldsworthy Lease Proceeding)
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2010/859.html
    Summary Information:
    Brown (on behalf of the Ngarla People) v State of Western Australia (No 3) 2010 FCA 859


    Between:
    Alexander Brown, Jeffery Brown, Clinton Cooke and Charlie Coppin on Behalf of the Ngarla People (APPLICANTS)


    AND


    State of Western Australia and BHP Billiton Minerals Pty Ltd, Itochu Minerals & Energy of Australia Pty Ltd and Mitsui Iron Ore Corporation Pty Ltd (RESPONDENTS)


    Judge: Bennet J
    Where made: Perth


    Determination:

    Native Title exists in parts of the determination area


    Native Title is held by members of the Ngarla language group


    The native title interests include:
    non-exclusive rights to access and to camp on land and waters, to take flora fauna fish and waters from the the land and waters, to engage in rituals and ceremonies and to care, maintain and protect sites and areas of significance to the Ngarla people.


    The rights do not include any rights in relation to mineral, petroleum or geothermal energy resources.
    Detailed Information:
    This consent determinations follows orders which were made by Justice Bennett on 30 May 2007 in Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025. While native title rights were recognised in some of the determination areas in the previous application, no determination was made over Determination Area B in that application.

    Whether native title rights had been extinguished in that area was the subject of another Federal Court proceeding: Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2010] FCA 498.

    The outcome of Brown (No 2) has led to the current consent determination.

    In Brown (no 2), Justice Bennett considered whether the grant of the Mt Goldsworthy mining leases in the Pilbara region of Western Australia effected or gave rise to the extinguishment of native title at common law. He ruled that in the areas 'which have not been developed in exercise of the rights under the [Mt Goldsworthy] Leases and the [Mt Goldsworthy State] Agreement' the lease holders rights were not inconsistent with the continued existence of determined native title rights. However, in the developed areas including the mine and the townsite the lease holders rights were inconsistent with the continued existence of native title rights. Bennett ruled that 'all of the determined native title rights in respect of the developed areas are wholly extinguished' (para 231).

    In this consent determination, non-exclusive native title rights have been recognised over an area which is detailed in the first schedule of the Federal Court judgment. This includes all land and water contained in 'Mineral Lease (Special Agreement)ML 235SA and sections 1, 2, 7, 8 and 9 of Mineral Lease (Special Agreement) ML 249SA'.

    These non-exclusive rights include the right to:
    - access to land and waters, including the right to camp
    - take flora, fauna, fish water and other traditional resources from the land and waters
    - engage in ritual and ceremony; and
    - care for, maintain and protect from physical harm, particular sites and areas of significance to the Native Title Holders.

    Native title does not exist in areas which are set out in the Third Schedule of the judgment. This particularly relates to the Mount Goldsworthy Area of Interest.

    Related Entries

    Agreement
  • Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025
  • Organisation
  • Wanparta Aboriginal Corporation
  • BHP Minerals Pty Ltd - Respondent
  • Itochu Corporation - Respondent
  • Mitsui Iron Ore Corporation Pty Ltd - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Ngarla People
  • Alexander Brown, Jeffrey Brown, Clinton Coke and Charlie Coppin on behalf of the Ngarla People

  • References

    General Reference
    National Native Title Tribunal (06/08/2101) WA - Native title determination summary - Ngarla People (Mount Goldsworthy Lease Proceeding)
    Resource
    Commonwealth of Australia (2001) Native Title Act 1993

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