Wintawari Guruma Aboriginal Corporation RNTBC v State of Western Australia

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Wintawari Guruma Aboriginal Corporation RNTBC v State of Western Australia

Wintawari Guruma Aboriginal Corporation RNTBC v State of Western Australia [2015] FCA 1053 (25 September 2015)

The Wintawari Guruma Aboriginal Corporation (WGAC) sought to expand the native title land it holds on trust through a revision of the original claim. WGAC claimed an additional area of land, located within the Yindjibarndi claim area and known as Satellite Springs, was overlooked and thus not included in the initial allocation of their native title claim area. This claim is under s 13(1)(b) of the Native Title Act 1993 (Cth). The Federal Court of Australia rejected this claim. The Court reasoned that the trust held by WGAC was not authorised to expand the boundaries of the claim area established in Hughes (No 1) [2007] FCA 365 and Hughes (No 2) [2012] FCA 1264. Equally, the Court found any application for the revision of a declared native title area must be authorised by all persons in the native title claim group (s 251B of the Native Title Act 1993 (Cth)) and the provision of notice to the National Native Title Registrar (pursuant to s 190A of the Native Title Act 1993 (Cth)) must be given. The full judgement can be found here: http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2015/2015fca1053

 

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