Sampi on behalf of the Bardi and Jawi People v State of Western Australia
[2010] FCAFC 99
At a glance
Source factsCourt
Federal Court of Australia (Full Court)
Decision date
2010-08-18
Before
Mansfield JJ
Catchwords
- NATIVE TITLE - form of determination - Right to care for, maintain and protect - Brue Reef - Lalariny
Source
Original judgment source is linked above.
Catchwords
Judgment (2 paragraphs)
Note that "Area 2" includes the part of Brue Reef that was included in Proceeding WAD 49 of 1998 as well as the part that was included in proceeding WAD6001 of 2004, which parts fall respectively west and east of a line defined by the following coordinate points: Longitude E° Latitude S° 123.034613 15.898597 123.136837 16.166376
Mapping of Pearl Oyster Farm Leases described as King Sound - Deep Water Point A, B and C suggests that all or some of those pearling leases may extend landward of the low water mark. The holders of those Pearl Oyster Farm Leases do not contend that those leases so extend. To the extent that the Pearl Oyster Farm Leases in question extend landward of the low water mark, they are invalid to the extent that they are in an area landward of the low water mark and to the extent that they affect native title in that area.