Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia

Case

[2015] FCA 1481

22 December 2015


Details
AGLC Case Decision Date
Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481 [2015] FCA 1481 22 December 2015

CaseChat Overview and Summary

This is a case concerning the consent determination of native title rights and interests for the Bunuba People. The court was required to decide whether the proposed determinations were appropriate and within power. The court concluded that the determinations were appropriate and within power, and made the orders in the terms submitted by the parties. The court recognised the traditional country of the Bunuba People, and congratulated the parties for negotiating and agreeing to the consent orders. The determinations recognise the native title rights and interests of the Bunuba People, including exclusive and non-exclusive rights and interests in relation to land and waters. The Bunuba Dawangarri Aboriginal Corporation RNTBC ICN 7813 will hold the determined native title in trust for the native title holders. The orders also provide for the exclusion of certain areas from the determination, and require the State to file amended schedules for the determination. There will be no order as to costs.
Details

Areas of Law

  • Indigenous Peoples & Native Title Law

  • Property Law

Legal Concepts

  • Native Title

  • Consent Determination

  • Exclusive Native Title Rights

  • Non-Exclusive Native Title Rights

  • Adverse Possession

  • Legitimate Expectation