Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western Australia (No 3)

Helicopter Tjungarrayi, on behalf of the Ngurra Kayanta People, sought a determination of native title over Part B of the area in dispute, following a prior determination for Part A. The case was heard in the Federal Court of Australia. The central issue was whether the native title could be determined over Part B, given that the court had already resolved an outstanding extinguishment issue and had determined that section 47B of the Native Title Act 1993 (Cth) applied. Other issues were agreed upon by the parties. The court did not consider it necessary to address the applicability of sections 87 and 87A of the Native Title Act, as no party raised these provisions as points of contention.

The court found that it had the authority to make a determination of native title once all issues in the proceeding had been resolved. With the outstanding extinguishment issue having been settled in favour of the Applicant and all other necessary issues being agreed upon by the parties, the court concluded that a determination of native title should be made. This determination recognises the traditional laws and customs that have existed before and continue to exist today under Australian law.

The court issued several orders, including the determination of native title in the terms outlined in the attachment. Native title was declared to exist over the entire Determination Area, held by the persons described in the attached schedule. The nature and extent of the native title rights and interests were detailed, subject to certain qualifications and exclusions. The court also addressed the relationship between native title rights and other interests, confirming that native title rights and interests continue to exist but have no effect to the extent of any inconsistency with other rights and interests. Finally, the court specified that there would be no order as to costs.