Webb v State of Western Australia [2007] FCA 1342

This case involved a native title determination application lodged by SWALSC over the southwest corner of Western Australia and follows the low water mark covering an area from Dunsboroough to Capel. The application was registered in October 2006 and consdieres the new s 94C enacted under the Native Title Amendment Act 2007. The Native Titel Registrar is resposible for notification under s 66 C of the NTA. The Court cosnidered the relationship between s 94 C and s 66C. It noted that the purpose of s 94 C is to ‘provide for summary
dismissal of native title determination applications that have been filed to secure procedural rights with respect to future acts covered by the right to negotiate provisions…the mecanism of summary ismissal enliven when, broadly speaking the procedureal rights are effectively exhausedted and the natvie title determination application is not beign pursued to a mediated or litigated determination’. The report provided by the native title registrar is a ‘styatutpry means for drawing the attention of the Court to applications which may meet the conditions of dismissal under s 94C’. The Court is not bound by the report and dimissal under s 94 is not considered unless there is failure to comply with direction under s 94C(1)(e)(i) of there has been a failure
to take steps to resolve the claim. and following the notification of proposed future acts. Justice French found that the area of the claim was much larger than areas covered by future act notices and the application was a part of regional work program. Accordingly he found that ther was no occasion for consideration of mandatory dismissal provisions.