Drury on behalf of the Nanda People v State of Western Australia

The Nanda People, represented by Drury, applied for a determination of native title over a specified area in Western Australia. The State of Western Australia and other interested parties contested the application. The Federal Court was tasked with determining whether native title existed in the claimed area and, if so, the nature and extent of the rights and interests of the Nanda People. Additionally, the Court had to decide on the relationship between any determined native title and other interests in the land, such as pastoral leases, reserves, and public works.

The Court found that native title existed in the claimed area, held by the Nanda People, but was extinguished in certain parts due to prior grants of freehold estates. However, sections 47A and 47B of the Native Title Act 1993 (Cth) were applied to disregard certain extinguishments. The Court also determined the specific rights and interests of the Nanda People, including exclusive rights to possession, occupation, use, and enjoyment of certain areas and non-exclusive rights in other areas. These rights were subject to traditional laws and customs and were not applicable for commercial purposes. The Court further outlined the nature and extent of other interests in the area and their relationship with the native title rights.

The Court concluded that the proposed determination by the parties appropriately reflected the native title rights and interests of the Nanda People. The Nanda Aboriginal Corporation was appointed to hold the native title in trust for the Nanda People. No orders were made regarding costs. The Court's decision recognised the persistence and determination of the Nanda People and commended the role of their legal representatives, the State, and other respondents in reaching this outcome.