FEDERAL COURT OF AUSTRALIA
Brown (on behalf of the Ngarla People) v State of Western Australia (No 2)
[2013] FCAFC 18
Citation: Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2013] FCAFC 18 Appeal from: Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2010] FCA 498 Parties: ALEXANDER BROWN, JEFFREY BROWN, CLINTON COOKE AND CHARLIE COPPIN (ON BEHALF OF THE NGARLA PEOPLE) v STATE OF WESTERN AUSTRALIA and BHP BILLITON MINERALS PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD AND MITSUI IRON ORE CORPORATION PTY LTD File number: WAD 225 of 2010 Judges: MANSFIELD, GREENWOOD & BARKER JJ Date of judgment: 22 February 2013 Legislation: Racial Discrimination Act 1975 (Cth)
Cases cited: Brown (on behalf of the Ngarla People) v State of Western Australia [2012] FCAFC 154; (2012) 294 ALR 223 Date of hearing: 7 and 8 February 2011 Date of last submissions: 21 December 2012 Place: PERTH Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 20 Counsel for the Appellant: Ms C Tan Solicitor for the Appellant: Mr M Meegan, Yamatji Marlpa Aboriginal Corporation Counsel for the First Respondent: Mr GJ Ranson and Ms A Warren Solicitor for the First Respondent: State Solicitor’s Office (Western Australia) Counsel for the Second Respondent: Ms J Bursle Solicitor for the Second Respondent: Ashurst Australia
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
WAD 225 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ALEXANDER BROWN, JEFFREY BROWN, CLINTON COOKE AND CHARLIE COPPIN (ON BEHALF OF THE NGARLA PEOPLE)
AppellantsAND: STATE OF WESTERN AUSTRALIA
First RespondentBHP BILLITON MINERALS PTY LTD, ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY LTD AND MITSUI IRON ORE CORPORATION PTY LTD
Second Respondent
JUDGES:
MANSFIELD, GREENWOOD & BARKER JJ
DATE OF ORDER:
22 FEBRUARY 2013
WHERE MADE:
perth
BEING SATISFIED that a determination of native title in the terms set out in the attached Annexure in respect of WAD 6185 of 1998 would be within the power of the Court pursuant to section 94A of the Native Title Act 1993 (Cth):
THE COURT ORDERS THAT:
1.The determination of native title made by the Court on 6 August 2010 in WAD 6185 of 1998 be set aside and a new determination of native title in relation to the Determination Area be substituted in terms of Annexure One attached to these orders
2.The Wanparta Aboriginal Corporation shall hold the determined native title in trust for the native title holders pursuant to section 56(2) of the Native Title Act 1993 (Cth).
3.There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
ANNEXURE ONE
SUBSTITUTED DETERMINATION OF NATIVE TITLE
NGARLA PEOPLE (MOUNT GOLDSWORTHY LEASE PROCEEDING)THE COURT ORDERS, DECLARES AND DETERMINES THAT:
Existence of native title (section 225 Native Title Act)1.The Determination Area is the land and…
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- AGLC
- Brown (on behalf of the Ngarla People) v State of Western Australia (No 2) [2013] FCAFC 18
- Case
- [2013] FCAFC 18
- Decision Date
CaseChat Overview and Summary
The court was tasked with several key legal issues. Primarily, it had to determine whether the native title determination made in 2010 was legally sound and correctly reflected the traditional rights and interests of the Ngarla People. The court also had to consider whether the Wanparta Aboriginal Corporation was appropriately appointed as the holder of the native title in trust for the native title holders, as mandated by section 56(2) of the Native Title Act 1993 (Cth). Additionally, the court had to decide on the appropriate orders to be made in light of any errors or deficiencies found in the original determination.
In its reasoning, the court found that there were significant errors in the original native title determination. These errors related to the assessment of the traditional rights and interests of the Ngarla People and the identification of the native title holders. The court concluded that the original determination did not correctly reflect the traditional rights and interests of the Ngarla People, and thus the determination had to be set aside. The court then substituted a new determination of native title, which was set out in Annexure One of the orders. Regarding the holding of the native title in trust, the court upheld the appointment of the Wanparta Aboriginal Corporation as the trustee for the native title holders. The court also noted that no order as to costs was appropriate given the circumstances of the case.
In conclusion, the court set aside the original native title determination and substituted a new determination, while confirming the Wanparta Aboriginal Corporation as the trustee. There was no order as to costs, reflecting the unique nature of this appeal process.
Orders
Orders of the court
1. The determination of native title made by the Court on 6 August 2010 in WAD 6185 of 1998 be set aside and a new determination of native title in relation to the Determination Area be substituted in terms of Annexure One attached to these orders
2. The Wanparta Aboriginal Corporation shall hold the determined native title in trust for the native title holders pursuant to section 56(2) of the Native Title Act 1993 (Cth).
3. There be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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