Dann on behalf of the Wajarri Yamatji People (Part D) v State of Western Australia

The Federal Court considered an application by the Wajarri Yamatji People for a determination of their native title rights and interests over certain lands and waters in Western Australia. The primary legal issue was whether the requirements of sections 87 and 94A of the Native Title Act 1993 (Cth) had been satisfied for the Court to make a determination of native title. This included assessing whether the consent of the native title holders had been obtained as required by the Act and whether the determination was appropriate. The Court found that the application met the statutory requirements and that it was appropriate to make the determination.

In its determination, the Court declared the existence of native title over the specified Part D Determination Area, held by the Wajarri Yamatji. The Court outlined the exclusive and non-exclusive rights and interests of the Wajarri Yamatji, subject to certain qualifications and exclusions, such as those related to existing mining tenements and public works. The Court also detailed the relationship between the native title rights and other interests, such as pastoral leases and public access rights, and provided for the precise location and boundaries of public works to be established by application. The Wajarri Yamatji Aboriginal Corporation was appointed to hold the determined native title in trust for the Wajarri Yamatji People.

The Court dismissed certain proceedings to the extent that they covered the area of the determination, and ordered that other proceedings be determined together. The Court did not make any order as to costs.