Taylor on behalf of the Yamatji Nation Claim v State of Western Australia

• Jurisdiction: Australia Federal only
• Judge: MORTIMER J
• Judgment Date: 07 February 2020
• Neutral Citation: [2020] FCA 42
• Date: 07 February 2020
• Court: Federal Court

FEDERAL COURT OF AUSTRALIA

Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42

File number:	WAD 345 of 2019
Judge:	MORTIMER J
Date of judgment:	7 February 2020
Catchwords:	NATIVE TITLE – consent determination – agreement of the parties – overall native title settlement – indigenous land use agreement – requirements of s 87 of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders
Legislation:	Native Title Act 1993 (Cth) ss 47B, 56, 61, 67, 84, 87, 87A, 225
Cases cited:	Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849 Lander v State of South Australia [2012] FCA 427 Leedham Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia [2015] FCA 1342 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238
Date of hearing:	Determined on the papers
Date of last submissions:	30 January 2020
Registry:	Western Australia
Division:	General Division
National Practice Area:	Native Title
Category:	Catchwords
Number of paragraphs:	82
Counsel for the Applicant in WAD 345 of 2019:	Ms G Miocevich
Solicitor for the Applicant in WAD 345 of 2019:	Ms J Horsley of the Yamatji Marlpa Aboriginal Corporation
Solicitor for the Applicant in WAD 19 of 2019:	Ms B Creemers of the Yamatji Marlpa Aboriginal Corporation
Counsel for the Applicant in WAD 21 of 2019:	Mr G McIntyre SC
Solicitor for the Applicant in WAD 21 of 2019:	Ms C Huynh of Corser & Corser
Solicitor for the Applicant in WAD 27 of 2019:	Mr J Brown of the Yamatji Marlpa Aboriginal Corporation
Solicitor for the Applicant in WAD 31 of 2019:	Mr M Pagsanjan of MPS Law
Solicitor for the State of Western Australia:	Ms S Begg and Ms W Song of the State Solicitor’s Office
Solicitor for the Commonwealth of Australia:	Mr A Gerrard of the Australian Government Solicitor

ORDERS

		WAD 345 of 2019
BETWEEN:	FREDERICK TAYLOR, GARRY HODDER, LEEDHAM PAPERTALK, LORRAINE WHITBY AND YVETTE HARRIS ON BEHALF OF THE YAMATJI NATION CLAIM Applicant
AND:	STATE OF WESTERN AUSTRALIA, COMMONWEALTH OF AUSTRALIA, SHIRE OF YALGOO, RICHARD STUART HAMILTON, REGINALD BRIAN VEITCH & JOKE MARIONE KAREL AGNES CORNELIA VEITCH-VANEECHOUTTE, EMR GOLDEN GROVE PTY LTD, AUSTRALIAN WILDLIFE CONSERVANCY, RCMA AUSTRALIA PTY LTD, NEVILLE GEORGE GOLDING, DBNGP (WA) NOMINEES PTY LIMITED, BRANDY HILL IRON PTY LTD, DEFLECTOR GOLD PTY LTD, GULLEWA GOLD PROJECT PTY LTD, CENTRAL INFRASTRUCTURE PTY LTD, SILVER LAKE (DEFLECTOR) PTY LTD, STRIKE WEST PTY LTD, UIL ENERGY PTY LTD, BEACH ENERGY (PERTH BASIN) PTY LIMITED, IMERYS TALC AUSTRALIA PTY LTD, GARNET INTERNATIONAL RESOURCES PTY LTD, TELSTRA CORPORATION LIMITED Respondents

JUDGE:	MORTIMER J
DATE OF ORDER:	7 FEBRUARY 2020

THE COURT NOTES THAT:

A. Pursuant to section 87 of the Native Title Act 1993 (Cth) the parties have filed with the Court the attached Minute of Consent Determination of Native Title which reflects the terms of an agreement reached by the parties in relation to these proceedings.

B. The terms of the agreement involve the making of consent orders for a determination of native title in relation to the land and waters the subject of these proceedings pursuant to sections 87(2) and 94A of the Native Title Act 1993 (Cth).

C. An order has been made on 7 February 2020, separately to these orders, relating to the consolidation of the Yamatji Nation Claim WAD 345 of 2019 with native title determination applications WAD 21 of 2019 Part A, WAD 19 of 2019, WAD 27 of 2019 and WAD 31 of 2019. That order is to take effect on the date that the State files a notice that the Yamatji Nation Indigenous Land Use Agreement (Yamatji Nation ILUA) has been Conclusively Registered (as defined in the Yamatji Nation ILUA) on the Register of Indigenous Land Use Agreements.

D. The State has carried out a broad analysis of tenure and the Applicant and the State agree that, in respect of the majority of the land and waters within the Determination Area, native title rights and interests will have been extinguished. To the extent any native title may have existed in parts of the Determination Area other than the Native Title Land, that native title is to be surrendered pursuant to the Yamatji Nation ILUA.

E. The parties acknowledge that, when the Determination takes effect, the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, will be recognised as the Native Title Holders for the Native Title Land.

In these circumstances and with the consent of the parties, THE COURT DETERMINES, DECLARES AND ORDERS THAT:

In these orders:

Conclusive Registration Date means the date the State has issued the Yamatji Southern Regional Corporation Ltd a notice confirming when the Yamatji Nation ILUA has been Conclusively Registered on the Register of Indigenous Land Use Agreements.

1. It is satisfied that an order in the terms proposed in the attached Minute of Consent Determination of Native Title in native title determination application WAD 345 of 2019 is within the power of the Court and is appropriate to be made pursuant to section 87 of the Native Title Act 1993 (Cth).

2. There be a determination of native title in the terms of the Minute of Consent Determination of Native Title attached.

3. Subject to Order 5 of these orders, Orders 1 and 2 are to take effect immediately after the Court’s order consolidating the present proceeding with native title determination applications WAD 21 of 2019 Part A, WAD 19 of 2019, WAD 27 of 2019 and WAD 31 of 2019 takes effect.

4. On the determination of native title made by Order 2 of these orders coming into effect, Bundi Yamatji Aboriginal Corporation (ICN 9213) shall hold the determined native title in trust for the native title holders pursuant to section 56(2)(b) of the Native Title Act 1993 (Cth).

5. If the Conclusive Registration Date does not occur on or before 31 December 2022, or such other date as the Court may order, the proceedings are to be listed for further directions, and none of Orders 1, 2, 3 and 4 will take effect.

6. There be no order as to costs.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ATTACHMENT “A”

DETERMINATION

THE COURT...