Peck on behalf of the Gnulli Native Title Claim Group v State of Western Australia

The matter of Peck on behalf of the Gnulli Native Title Claim Group v State of Western Australia involved a determination of native title rights over a specified area in Western Australia. The Gnulli Native Title Claim Group, represented by Peck, sought recognition of their native title rights and interests over land and waters. The State of Western Australia contested the claim. The Federal Court was required to decide whether native title existed over the specified area, who the native title holders were, and the nature and extent of those rights and interests. The court also had to determine the relationship between native title rights and other interests, including prior extinguishments and existing legal rights.

The Federal Court determined that native title existed over the specified area, subject to certain exclusions. The Baiyungu and/or Thalanyji native title holders were recognised as the holders of native title in the Baiyungu and/or Thalanyji Area, while the Yinggarda native title holders were recognised in the Yinggarda Area. The court outlined the nature and extent of the native title rights and interests, which included exclusive and non-exclusive rights to possession, occupation, use, and enjoyment of the land and waters, subject to the laws of the State and Commonwealth, and traditional laws and customs. The court also determined that native title did not exist in areas subject to certain prior interests such as freeholds, public works, and certain mining and petroleum interests. The relationship between native title rights and other interests was assessed, with provisions made to ensure that native title rights did not extinguish existing interests but could coexist with them, subject to certain qualifications.

The court concluded that it was appropriate to make the proposed orders, as the requirements of sections 87 and 94A of the Native Title Act 1993 (Cth) were satisfied. The orders declared the existence of native title in specific areas, identified the native title holders, and outlined the nature and extent of their rights and interests. The Nganhurra Thanardi Garrbu Aboriginal Corporation and the Yinggarda Aboriginal Corporation were appointed to hold the determined native title in trust for their respective native title holders. The orders also provided for the continued existence of certain prior interests and public works. The court made no order as to costs.