The determination, handed down by Justice Robert French, recognises exclusive possession native title over 1,428 square kilometres of land in the Central Desert region. Therefore, while there are prescribed activities that are listed in the legislation, PBCs have constitutions and mandates that reflect broader community aspirations and needs in each State and Territory. Each application is a Federal Court proceeding seeking a determination as to whether Native Title rights and interests exist and if so in what form.The Federal Court refers each application to the National Native Title Tribunal Registrar for a range of administrative processes under the NTA.If the application meets all the conditions of the registration test it becomes a 'registered claim' and provides the claimants with a set of procedural rights while their claim is an active application in the Court.However, an unregistered claim can still proceed towards a determination of Native Title without the provision of procedural rights.To learn more about these procedural rights or how to file a Native Title claim see the To achieve a determination that Native Title exists, claimants must show that their claim can be established at law. A "determination of native title" is a decision on whether native title exists in relation to a particular area of land or waters (s 225 of the NTA). Facilitates the making of agreements among Aboriginal and Torres Strait Islander people, governments, industry and others whose rights or interests may co-exist with native title rights and interests. helps parties, through mediation, come to agreements over future act matters. Rubibi decision (Partial): On February 13, Justice Ronald Merkel made a ruling on the establishment of Native Title in the Rubibi litigation. The criteria needed to substantiate a Native Title claim are found in the The Guidelines should be consulted before submitting connection material to the Government for assessment. The WA Government's successful management of Native Title matters is due to a consistent whole-of-government approach. To see all determinations in Western Australia, visit the A consent determination is a decision made by a court, usually the Federal Court of Australia, where all parties are in agreement about the existence, the nature and extent of the Native Title rights and interests in relation to lands and waters, consistent with the When all parties do not agree about the existence, nature and extent of the Native Title rights and interests claimed, the Federal Court or the High Court of Australia decides whether Native Title is recognised, or not, in relation to the land and waters as well as the nature and extent of the rights and interests.Most land use agreements in WA are made under the right to negotiate (the RTN). Mekel J accepted that the Yawuru community, including the Djugan, have links to the entire claim area. Claims would only be referred to the Federal Court for a litigated determination, if agreement has not been possible.Activities undertaken across WA must comply with the requirements of the The WA Government adopted a whole-of-government approach to Native Title to:Examples of policies developed by APCU to guide Native Title practices and Aboriginal Heritage include the:Legal advice in relation to Native Title and heritage matters is provided by the The whole-of-government approach also extends to Native Title claim resolution. All relevant WA Government agencies are consulted and their legal interests are identified and recorded through the Native Title determination process.In some cases, agencies may contribute to innovative settlements, such as the WA is exposed to the responsibilities of Native Title more than any other state or territory. WA grants the highest number of land and mineral titles in Australia, the majority of which must comply with the The WA Government's successful management of Native Title matters is due to a consistent whole-of-government approach.The WA Government takes a state agreement approach to the resolution of Native Title matters, relying on negotiation and agreement making, where possible. Six miscellaneous licenses granted pursuant to the Mining Act 1978 (WA) were invalid to the extent that they affected native title because the appropriate future act procedures were not complied with.Matter appealed to the Full Federal Court, see decision 1 February 2018.The decision effected the registration of the South West Settlement. This was known as the 'Ward Policy'.WA Government signed a Co-operative Planning Agreement with the Yamatji Land and Sea Council.High Court granted special leave to appeal the Croker Island and Miriuwung Gajerrong cases.Nharnuwangga, Wadjari and Ngarla: Madgwick J in the Federal Court made a Commonwealth Attorney-General made a determination that the The Commonwealth Senate voted 32:28 in favour of disallowing the Croker Island decision High Court: The High Court recognised Native Title at sea but said that these rights are not exclusive.Release of Paul Wand and Chris Athanasiou's Review of the Native Title Claim Process in Western Australia: The review highlighted the need for changes to the Native Title system.Release of the final report of the Technical Taskforce on Mineral Tenements and Land Title Applications: The report highlighted the need to address the growing number of unprocessed applications for mineral tenements and land titles in WA.

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