IN THE FEDERAL COURT OF AUSTRALIA

 

WESTERN AUSTRALIA DISTRICT REGISTRY

WAG 6001 OF 1995

 

 

BETWEEN:

BEN WARD & ORS

ON BEHALF OF THE MIRIUWUNG AND GAJERRONG PEOPLE

 

First Applicants

 

 

CECIL NINGARMARA & ORS

 

Second Applicants

 

 

DELORES CHEINMORA & ORS

ON BEHALF OF THE BALANGARRA PEOPLES

 

Third Applicants

 

 

 

AND:

 

 

 

STATE OF WESTERN AUSTRALIA & ORS

 

First Respondents

 

 

CHIEF MINISTER OF THE NORTHERN TERRITORY

 

Second Respondent

 

 

CONSERVATION LAND CORPORATION

 

Third Respondent

 

 

KIMBERLEY LAND COUNCIL & ANOR

 

Fifth Respondents

 

 

ALLIGATOR AIRWAYS PTY LTD & ORS

 

Sixth Respondents

 

 

CARLTON HILL PTY LTD & ORS

 

Seventh Respondents

 


 

AMITY OIL NL & ORS

 

Eighth Respondents

 

 

CALYTRIX INVESTMENTS PTY LTD & ORS

 

Ninth Respondents

 

 

KIMBERLEY SPORTFISHING CLUB & ORS

 

Tenth Respondents

 

 

SHIRE OF WYNDHAM-EAST KIMBERLEY

 

Eleventh Respondent

 

 

PACIFIC HYDRO GROUP TWO PTY LTD

 

Twelfth Respondent

 

 

INNES HOLDINGS PTY LTD

 

Thirteenth Respondent

 

 

MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS

 

Intervener

 

 

 

JUDGE:

LEE J

DATE:

3 MARCH 1999

PLACE:

PERTH

 

CORRIGENDUM

 

Amendment to the Reasons for Judgment delivered 24 November 1998:

Replace item 5 of the Minute of Order with the following:


“The relationship between the ‘native title rights and interests’ described in par 3 and the ‘other interests’ described in par 4 is as follows:


The ‘native title rights and interests’ described in par 3 hereof and the ‘other interests’ described in par 4 hereof are concurrent rights and interests in relation to that part of the ‘determination area’ to which the ‘other interests’ relate, but by operation of legislation or by reason of the nature and extent of the ‘other interests’ created by the Crown, the exercise of some of those concurrent rights, including ‘native title rights and interests’, may be regulated, controlled, curtailed, restricted, suspended or postponed.”


Jessica Stephens

Associate to Justice Lee


Date: