Editors --- "Peoples of the Ngaanyatjarra Lands v Western Australia [2005] FCA 831 - Case Summary" [2005] AUIndigLawRpr 42; (2005) 9(3) Australian Indigenous Law Reporter 39

• PEOPLES OF THE NGAANYATJARRA LANDS V WESTERN AUSTRALIA
• Facts:
• Held, recognising native title according to the orders sought by the parties:

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PEOPLES OF THE NGAANYATJARRA LANDS V WESTERN AUSTRALIA

Federal Court of Australia (Black CJ)

29 June 2005

[2005] WASCA 94

Native title — consent determination — Native Title Act 1993 (Cth) s 87 — discretion to make ‘appropriate’ orders

Facts:

The applicants, on behalf of the peoples of the Ngaanyatjarra Lands, sought a determination of native title for an area covering almost 188 000 square kilometres.

Held, recognising native title according to the orders sought by the parties:

1. Where the parties to a native title application reach agreement about the terms of an order of the Federal Court determining native title, s 87 of the Native Title Act 1993 (Cth) provides that Federal Court may make the order without holding a hearing. This power is discretionary, and may only be exercised if the order appears to be ‘appropriate’: [8].

2. The matters that are to be taken into account in the exercise of this discretion may vary according to the particular circumstances of each case: [11].

3. In this case, the parties had independent and competent legal advice. The agreed terms of the proposed orders were unambiguous and appropriate to the circumstances. The traditional laws and customs of the applicant peoples demonstrates a clear, continuing and ancient connection to the land. In these circumstances, it would be appropriate to make the order sought by the parties: [12], [14], [16].