Barunggam People - National Native Title Tribunal

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National Native Title Tribunal190B9(b)Exclusive possession of an offshore place:The application and accompanying documents must not disclose, and the Registrarmust not otherwise be aware, that:(b)to the extent that the native title rights and interests claimed relate to waters inan offshore place - those rights and interests purport to exclude all other rightsand interests in relation to the whole or part of the offshore place;The following relevant documents have been extracted from the File Index(es) ofmaterial that has been reviewed for this application.Fol Date Description Cat Probity, WeightA1 27/1/99 Form 1 application –Attachment PMHighNot applicable. There are no off-shore waters covered by the application.The application passes this condition.Reasons for Recommendation (Page18 of 28)
National Native Title Tribunal190B9(c)Other extinguishment:The application and accompanying documents must not disclose, and the Registrarmust not otherwise be aware, that:(c)in any case - the native title rights and interests claimed have otherwise beenextinguished (except to the extent that the extinguishment is required to bedisregarded under subsection 47(2), 47A(2) or 47B(2)).The following relevant documents have been extracted from the File Index(es) ofmaterial that has been reviewed for this application.Fol Date Description Cat Probity, WeightA1 27/1/99 Form 1 Application andAttachmentsB3 26/2/99 Form 1 Amended5Application andAttachmentsMMHighHighI refer to the reasons above that relate to the extent that the application is subject toexclusions (from the claimed area and of native title rights and interests) that accordwith the provisions of the NTA and with the position at common law.The application and supporting material, and the Tribunal’s file do not disclose and noram I otherwise aware that the application contravenes the criteria set out ins.190B(9)(c). I note the views of Mr Justice Lee in Ward v WA 159 ALR 483 at 508 and510 that:“ There is no concept at common law of ‘partial extinguishment’ of native title by theseveral ‘extinguishments’ of one or more components of a ‘bundle of rights’. It followsthat there cannot be a determination under the Act that native title exists but that some,or all, ‘native title rights’ have been extinguished”“If native title to land is not extinguished, the extent to which native title rights areregulated, curtailed, subordinated or suspended by rights or interests in land granted bythe Crown to third parties may be required to be considered as a separate issue, butnot as a question relevant to the determination of the existence of native title.”The application passes this condition.Reasons for Recommendation (Page19 of 28)
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Barunggam People - National Native Title Tribunal

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