|This determination arose from an application made by Mr Robert Bodney on behalf of a native title claim group for a determination of native title in relation to land adjoining the Perth Airport in Western Australia. The second applicants, who were joined as parties, claimed in other proceedings a determination of native title in relation to a much larger area which included that land. The land concerned is held by the Commonwealth as a registered proprietor. It was leased to the State of Western Australia. |
The Court considered several questions:
1. whether a grant of land, described as Swan Location 2803, made on 17 August 1926 by the Governor of Western Australia to Guildford Municipality, extinguished native title;
2. whether the grant of land, described as Swan Location 6246, made on 26 March 1962 by the Governor of Western Australia to the Commonwealth of Australia, extinguished native title;
3. whether the acquisition by compulsory process on 13 May 1943 by the Commonwealth of Australia, extinguished native title;
4. whether the acquisition by compulsory process on 14 July 1949 by the Commonwealth of Australia , extinguished native title; and
5. whether notice was required to be served on the applicant groups prior to the compulsory acquisition by the Commonwealth on 18 August 1960, and whether the failure to serve such notice invalidated the acquisition.
In response to the first two questions, the court found that native title had been extinguished. In relation to the third, it found that to the extent that native title had not previously been extinguished, the compulsory acquisition did extinguish native title. The fourth question was also answered in the affirmative, while the fifth, regarding notice, was answered in the negative (the latter part of the question therefore not arising).
The Court thereby concluded that any native title had been extinguished in relation to the entire claim area.