High Court of Australia

Western Australia v Brown [2014] HCA 8

88 ALJR 461; 306 ALR 168

12 Mar 2014

Case Number: P49/2013

Before

French CJ, Hayne, Kiefel, Gageler, Keane JJ

Catchwords

Native title – Native title rights in relation to land – Agreement made in 1964 between State of Western Australia and joint venturers to develop iron ore deposits at Mount Goldsworthy – Mineral leases for iron ore granted pursuant to agreement – Joint venturers required under agreement to give State and third parties access to land subject of mineral leases provided such access did not unduly prejudice or interfere with joint venturers' operations – Whether mineral leases granted joint venturers right of exclusive possession – Whether joint venturers' rights under mineral leases inconsistent with claimed native title rights and interests – Whether claimed native title rights and interests extinguished by actual or potential conflicting use or development of land by joint venturers subsequent to grant of mineral leases.

Words and phrases – "exclusive possession", "extinguishment", "inconsistency of rights".

Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) – Schedule.

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