Recent Cases

Western Australia v Manado [2020] HCA 9 (18 March 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ)


Aboriginals – Native title to land and waters – Determinations of – Native title rights and interests – Where s 212(2) of Native Title Act 1993 (Cth) provided that Commonwealth, State or Territory may by legislation confirm existing public access to and enjoyment of beaches and other categories of lands or waters – Where Parliament of Western Australia enacted legislation confirming public access and enjoyment pursuant to s 212(2) – Where s 225(c) of Native Title Act required that determination of native title rights and interests include nature and extent of “any other interests” in relation to determination area – Where s 253 of Native Title Act defined “interest” as including any other right or privilege over or in connection with land or waters – Whether s 225(c) required determination of native title to include reference to confirmation – Whether access and enjoyment capable of confirmation limited to legally enforceable rights and privileges – Whether act of confirmation through legislation enacted in reliance on s 212(2) gave rise to “right” or “privilege” amounting to “other interest” in relation to determination area.

Words and phrases – “confirmation”, “confirmed access and enjoyment”, “determination area”, “determination of native title”, “general expectation of public access”, “interest”, “lack of legal prohibition”, “land or waters”, “liberty”, “native title”, “nature and extent of any other interests”, “ordinary meaning”, “other interest”, “principle of public access”, “privilege”, “public access and enjoyment”, “right”, “unallocated Crown land”.