State of Western Australia/Albert Darby Winder and Others on behalf of The Malgana Shark Bay People/Hypermarket Pty Ltd

[2009] NNTTA 98

NATIONAL NATIVE TITLE TRIBUNAL

State of Western Australia/Albert Darby Winder and Others on behalf of The Malgana Shark Bay People/Hypermarket Pty Ltd, [2009] NNTTA 98 (21 August 2009)

Application No:        WF09/17

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into a future act determination application

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The State of Western Australia (Government party/Applicant)

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Albert Darby Winder and Others on behalf of The Malgana Shark Bay People’s Application (WC98/17) (native title party)

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Hypermarket Pty Ltd (grantee party)

CONSENT DETERMINATION

By consent the determination of the Tribunal under s 38 of the Native Title Act 1993 is that the 'act', being the compulsory acquisition of native title rights and interests, and subsequent grant of interests to the grantee party, may be done:

1. Subject to the terms and conditions contained in the Ancillary Agreement agreed between the native title party and the grantee party on 22 April 2009.

2. On the condition that the native title party, the grantee party and the Government party are bound by the Deed for Compulsory Acquisition of any Native Title Rights and Interests between the Government party, the native title party and the grantee party dated 22 April 2009, as if it had been executed by all parties, on and from the date of the consent determination.

Hon C J Sumner
Deputy President
21 August 2009