Yindjibarndi Aboriginal Corporation RNTBC v State of Western Australia

The Yindjibarndi Aboriginal Corporation RNTBC sought a consent variation of a 2007 Full Court approved determination of native title. The Yindjibarndi sought to correct mapping errors and to apply the subsequent legal principles of the Full Court, which found that the Yindjibarndi had exclusive native title over some of the land and waters in issue. The Yindjibarndi sought to vary the 2007 determination so as to reflect these subsequent events. The State of Western Australia did not oppose the application. The Court found that it was in the interests of justice to make the consent variation of the 2007 determination. The Court varied the 2007 determination to apply section 47B(2) to the reserve and parcels of unallocated Crown land. The Court also varied the 2007 determination so that the Yindjibarndi had exclusive native title over the areas in which they had exclusive native title. The Court found that the conditions of sections 13(5) and 87A of the Native Title Act 1993 (Cth) were satisfied. The Court did not need to give notice under section 87A(3) of the Act because all of the parties signed the consent determination.