Yanunijarra Aboriginal
Corporation RNTBC v State of Western Australia
In
Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia
[2026] FCAFC 7, the Full Court of the Federal Court (Moshinsky, Sarah C
Derrington, and Hill JJ) granted leave to appeal, to the Yununijarra Aboriginal
Corporation (YAC) but dismissed their appeal, against the decision of the
primary judge and granted judgment in favour of the State of Western Australia.
The
YAC argued that the inclusion of an expedited procedure statement in a notice
under s 29(7) of the future acts regime under the Native Title Act 1993
(Cth), is a reviewable decision under the Administrative Decisions (Judicial
Review) Act 1977 (Cth) or judicial review under general law.
The
Court upheld the decision of the primary judge and stated that although “a
decision of some kind” is made by the government party, “the
inclusion of an expedited procedure statement in a s 29 notice is a procedural
step that triggers certain statutory consequences, and does not involve or
depend on a substantive determination of whether the proposed act is one that
attracts the expedited procedure…” (see at [59]-[71], [74]-[75]).
Importantly,
the decision doesn’t affect NNTT operations, as it maintains the status quo.
This
decision provides a good summary of the future acts' regime, including the
right to negotiate and expedited procedure (see [18]-[35]).
Download the Decision below:
2026FCAFC0007.pdf
