Agreement)

The Widjabul Wia-bal people sought a consent determination of their native title rights over land and waters in New South Wales under section 87 of the Native Title Act 1993 (Cth). The Attorney-General of New South Wales agreed to the proposed determination. The court was required to decide whether the majority of living capable members of the applicant could continue to act on behalf of the applicant and whether the description of the native title claim group in the proposed determination limited the court’s power to make the determination.

The court found that the majority of living capable members of the applicant could continue to act on behalf of the applicant, despite the death of one member and the incapacity of another. The court also found that the description of the native title claim group in the proposed determination did not limit its power to make the determination. The court was satisfied that there was a credible basis to conclude that it was appropriate for it to exercise its power under section 87(1A) and (2) to make the consent determination in the terms proposed by the parties. The court made the consent determination in the amended terms agreed upon by the parties, recognising the Widjabul Wia-bal people’s ongoing traditional custodianship of, and legal rights and interests in, the land and waters. The determination ensures that the Widjabul Wia-bal people’s native title in their land and waters will be protected for the future. The court congratulated the parties on achieving this resolution.