Native title claimants in the Western Desert region and analogous areas need not demonstrate they constitute a discrete local community with physical presence on the claim area; connection through the traditional laws and customs of a wider cultural bloc is sufficient under s 223(1)(b), and spiritual connection and protective actions regarding sacred sites are relevant to demonstrating ongoing connection.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.
5 of the 32 citing cases carry a classified treatment. How each court treated it is available to signed-in members.