Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia

The appeal, Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia, involved challenges to certain findings of the Federal Court regarding native title claims in Western Australia. The primary judge dismissed claims by the Goolarabooloo native title claim group, finding that rights arising from a rayi connection and the rights of ritual leaders within the determination area did not constitute native title rights or interests as defined in the Native Title Act 1993 (Cth). Additionally, the primary judge included public access to waterways, coastal waters, and beaches as "other interests" in the native title determinations for the Bindunbur and Jabirr Jabirr/Ngumbarl native title claim groups. The appellants challenged these findings, seeking to overturn the dismissal of the Goolarabooloo claims and the inclusion of public access as an "other interest."

The key legal issues revolved around the interpretation of "native title rights and interests" under the Native Title Act and the scope of "other interests" to be recognised in native title determinations. The appeal from the Goolarabooloo group focused on whether the primary judge correctly determined that the rayi connection and ritual leader roles did not confer native title rights. The appeals from the Bindunbur and Jabirr Jabirr groups centred on whether public access to waterways and coastal areas constituted valid "other interests" under the Act. The court had to interpret statutory provisions, particularly sections 223, 212, 225(c), and 253 of the Native Title Act, and consider the effect of the Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA).

The court held that the primary judge's findings regarding the Goolarabooloo claims were correct. The court confirmed that the rights associated with a rayi connection and those of ritual leaders did not meet the statutory definition of native title rights and interests. However, the court found in favour of the Bindunbur and Jabirr Jabirr groups, holding that the primary judge correctly included public access to waterways and coastal areas as "other interests." The court held that public access to unallocated Crown land constituted an "interest" for the purposes of section 253 of the Native Title Act and was appropriately classified as a "privilege." Therefore, the appeal from the Goolarabooloo was dismissed, while the appeals from the Bindunbur and Jabirr Jabirr were allowed.

ORDERS:
The court allowed the appeals of the Bindunbur and Jabirr Jabirr, setting aside specific items in the native title determinations and directing the preparation of amended determinations. In contrast, the appeal from the Goolarabooloo was dismissed, affirming the primary judge's findings that the rayi connection and ritual leaders' roles did not confer native title rights or interests. The orders mandated the preparation of amended determinations to reflect the court's decisions.