Sampi on behalf of the Bardi and Jawi People v State of Western Australia (No 2)

The Bardi and Jawi People sought a determination of their native title rights and interests over certain waters, seabed, and foreshore of the Brue Reef area, including the Lalariny site, in Western Australia. The State of Western Australia opposed the claim. The Federal Court of Australia was asked to determine whether the native title rights and interests claimed by the Bardi and Jawi People over the Brue Reef area, including the Lalariny site, were valid and to determine the form of the determination of these rights and interests.

The court had to decide whether the claimed native title rights and interests were valid and to determine the appropriate form of the determination. The issues included whether the claimed rights and interests were consistent with native title, whether the claim was made by the traditional owners of the area, and whether the form of the determination should be a determination of the native title rights and interests or a determination of the right to care for, maintain, and protect the area.

The court found that the claimed native title rights and interests were valid and consistent with native title. The court also found that the Bardi and Jawi People were the traditional owners of the area and that the form of the determination should be a determination of the native title rights and interests. The court noted that the identification of Lalariny in the determination did not depict the contours of the site, which was one of the protections from its too ready identification that the appellants sought. The court resolved the minor drafting issues debated by the parties in their submissions.

The court made a determination of the native title rights and interests of the Bardi and Jawi People over the Brue Reef area, including the Lalariny site, in the terms set out in the orders accompanying the reasons. The court expressed its appreciation to the parties and their representatives for their assistance in the process of fixing the terms of the determination.