Update: Native Title Case Law

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Update: Native Title Case Law

Northern Territory of Australia v Griffiths [2017] FCAFC 106 (20 July 2017)

The Federal Court has allowed an appeal in part regarding a decision made last year that granted compensation to the Ngaliwurru and Nungali people of Timber Creek for the extinguishment of native title by Territory and Federal Governments. The original decision awarded $3.3 million in compensation finding the value of non-exclusive native title land to be 80% that of freehold value. The Court reduced this amount apportioned for the lost economic value of native title rights of freehold land to 65%.

Warrie (formerly TJ) (on behalf of the Yindjibarndi People) v State of Western Australia [2017] FCA 803 (20 July 2017)

The Federal Court has found the existence of exclusive native title in Pilbara Region of Western Australia. In 2003, there was found to be non-exclusive native title rights in the area attributable to the Yindjibarndi people. However Rares J has found that there is an exclusive right to native title over all the unallocated Crown land in the claimed area. This includes a resource rich region over which the Fortescue Metals Group (FMG) operates its Pilbara Solomon Mine. FMG has indicated it will likely appeal the decision.

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