Consent Determinations
A consent determination is a decision made by a court, usually the Federal Court of Australia, where there is agreement (consent) between the parties about native title rights and interests in relation to lands and waters, consistent with the Native Title Act 1993 (Cwlth) (NTA).
The Western Australian Government is committed to the effective and efficient management of native title claims and seeks wherever possible to resolve native title through agreement rather than litigation. This commitment can be seen though the creation of the:
- Government Indigenous Land Use Agreement and
- Government Standard Heritage Agreement
To date, there have been 26 consent determinations in Western Australia.
Table of consent determinations in Western Australia
| Determination Name |
Case Name |
Region |
|
Ngurrara (Part A)
|
Kogolo v State of Western Australia [2007] FCA 1703
|
Kimberley
|
|
Dambimangari |
Barunga v State of Western Australia [2011] FCA 518
|
Kimberley
|
|
Uunguu (Part A)
|
Goonack v State of Western Australia [2011] FCA 516
|
Kimberley
|
|
Thudgari People
|
Thudgari People v State of Western Australia [2009] FCA 1334
|
Geraldton
|
| Ngururrpa People |
Payi Payi on behalf of the Ngururrpa People v State of Western Australia [2007] FCA2113 |
Central Desert |
|
Nyangumarta People (Part A)
|
Hunter v State of Western Australia [2009] FCA 654
|
Pilbara
|
|
Thalanyji
|
Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487 |
Pilbara
|
|
Birriliburu People (Part A)
|
Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944
|
Central Desert
|
|
Ngaanyatjarra Lands (Part B)
|
Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors (unreported, FCA, 3 June 2008, French J) (PDF 661KB)
|
Central Desert
|
|
Ngarla and Ngarla # 2 (Determination Area A)
|
Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 |
Pilbara |
|
Noonkanbah
|
Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588
|
Kimberley |
|
Miriuwung Gajerrong #4
|
Ward v Western Australia [2006] FCA 1848
|
Kimberley
|
|
Eastern Gurama
|
Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365
|
Pilbara |
|
Ngaanyatjarra Lands (Part A)
|
Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the Peoples of the Ngaanyatjarra Lands v Western Australia and Ors [2005] FCA 831
|
Central Desert
|
|
Miriuwung-Gajerrong
|
Attorney-General of the Northern Territory v Ward [2003] FCAFC 283
|
Kimberley |
|
Karajarri People (Area B) |
Nangkiriny v Western Australia [2004] FCA 1156
|
Kimberley |
|
Martu and Ngurrara
|
James v Western Australia [2002] FCA 1208 |
Central Desert
|
|
Karajarri People (Area A)
|
Nangkiriny v Western Australia [2002] FCA 1140
|
Kimberley |
|
Kiwirrkurra People
|
Brown v Western Australia [2001] FCA 1462
|
Central Desert |
|
Tjurabalan People
|
Ngalpil v Western Australia [2001] FCA 1140 |
Central Desert |
|
Spinifex People |
Mark Anderson on behalf of the Spinifex People v Stateof Western Australia [2000] FCA 1717
|
Central Desert |
|
Nharnuwangga
|
Clarrie Smith v State of Western Australia [2000] FCA 1249
|
Pilbara |
| Uunguu - Area B |
Puenmora v State of Western Australia [2012] FCA 1334
|
Kimberley |
| Ngurrara 2 - Area C |
May v State of Western Australia [201] FCA 1333
|
Kimberley |
| Ngurra - Area B |
Kogolo v State of Western Australia (no 3) [2012] FCA 1332
|
Kimberley |
| Eastern Guruma - Area B |
Hughes and Ors on behalf of the Eastern Guruma People v State of Western Australia (unreported, FCA, 20 November 2012, Bennet J)
|
Pilbara |
| Bunuba |
Wurrunmurra v State of Western Australia (unreported, FCA, 12 December 2012, Gilmour J) |
Kimberley |
Note: The content of this table is provided for general informational purposes only. It does not constitute legal or any other professional advice and does not claim to be comprehensive. Every reasonable effort is made to maintain accuracy.