I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) v State of Western Australia

Case

[2017] FCA 1215

19 October 2017


Details
AGLC Case Decision Date
I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) v State of Western Australia [2017] FCA 1215 [2017] FCA 1215 19 October 2017

CaseChat Overview and Summary

This case was a native title determination for the Wajarri Yamatji people in Western Australia. The Federal Court was required to decide whether native title existed in the Part A Determination Area and, if so, what rights and interests were associated with that native title. The court found that native title existed in the area and granted the Wajarri Yamatji people non-exclusive rights to enter and remain on the land, hunt, fish, gather, and engage in cultural activities. The court also found that native title did not exist in certain parts of the area and did not confer rights in relation to minerals, petroleum, geothermal energy, or water captured by other interest holders. The court ordered that native title rights and interests be held in trust for the Wajarri Yamatji and invited the common law holders to nominate a prescribed body corporate to be trustee. The court made no determination in relation to the balance of the area and made no order as to costs.
Details

Areas of Law

  • Indigenous Peoples & Native Title Law

Legal Concepts

  • Native Title

  • Native Title Act

  • Consent Determination