A $1.3 billion native title deal with the Noongar people cannot be registered because some indigenous representatives refused to sign off on it, the Federal Court has ruled.
Under the land use agreement, Noongar people would surrender native title rights in a 200,000 square kilometre area spanning from Jurien north of Perth to Ravensthorpe in the Goldfields-Esperance region in exchange for $1.3 billion worth of land, finance and benefits over 12 years.
But the deal was challenged in court, with some of the representatives arguing the lodgement with the Native Title Registrar was invalid because they did not sign the agreement.
On Thursday, the Federal Court agreed.
Premier Colin Barnett said it was a very disappointing decision but insisted the deal would proceed.
"The settlement of native title over Perth and the South West is the biggest native title settlement in Australian history and looking into the future there will never ever be one larger in terms of the area covered geographically, the numbers of Aboriginal people - over 20,000 - and the value of the settlement," he told reporters.
"It includes money, it includes land, it includes employment opportunities and gives Aboriginal people a real opportunity for self-determination."
Mr Barnett said only a small number of Aboriginal people objected to any settlement of native title and they were the ones "frustrating it through the courts".
Opposition spokesman on Aboriginal Affairs Ben Wyatt said he was also disappointed with the judgment.
"I hope this can be rectified because ultimately it's my view that the settlement of native title is good for the Noongar people," he told reporters.
Mr Wyatt said if the court wanted to get 100 per cent consent then Aboriginal people would never get any outcomes in respect of native title.
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