NATIVE TITLE - application for declaration that local government property law of no effect as against persons with native title rights - application for summary dismissal - where local law prohibits certain activities such as camping - where application for native title the subject of separate, ongoing proceedings - where terminology of vesting land 'in trust' removed from Land Act 1933 (WA) following amendments - whether no reasonable prospects of success as native title rights or interests have been wholly extinguished - whether native title extinguished as vesting of land 'in trust' invalid following amendments to the Land Act 1933 (WA) - whether the decision in Western Australia v Ward (2002) 213 CLR 1 is binding and necessitates that native title has been extinguished - whether addition of the term 'in trust' in vesting order goes outside of the field of operation of the enabling legislation - whether native title has been wholly extinguished by reason of the whole island being 'major earthworks' - whether camping is an activity under s 211(3) of the Native Title Act 1993 (Cth) - whether originating application incompetent where brought prior to determination of native title
Held: application for declaration summarily dismissed
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