Bell on behalf of the Wakka Wakka People #3 v State of Queensland (No 2)

The case of Bell on behalf of the Wakka Wakka People #3 v State of Queensland (No 2) involved an application for a consent determination of native title over parts of the claim area under section 87A of the Native Title Act 1993 (Cth). The key legal issue was whether the parties had satisfied the criteria set out in section 87A of the Act, and whether it was appropriate for the Court to make an order in terms of the agreement reached by the parties.

The Court found that the Wakka Wakka Native Title Aboriginal Corporation was to be the prescribed body corporate for the purpose of section 57 of the Act and would perform the functions prescribed in section 57(3) of the Act. The Court determined that it was appropriate to make the orders agreed by the parties.

The final orders included a determination of native title in the terms agreed by the parties, with the Wakka Wakka Native Title Aboriginal Corporation being the prescribed body corporate. The orders also detailed the nature and extent of the native title rights and interests, the relationship between these rights and other interests in the area, and the exclusions from the determination area. The parties were to bear their own costs.