Harris v Great Barrier Reef Marine Park Authority [2000] FCA 603

Harris v Great Barrier Reef Marine Park Authority [2000] FCA 603

The Authority's notices and invitations to comment satisfied s 24HA(7) because that provision required notice of the proposed act or class of acts and the affected land or waters, and gave only a limited opportunity to comment. It did not require detailed disclosure of individual permit applications, did not import broader procedural fairness obligations, and did not require identification of the part of the Claimants' native title sea claim area that may be affected. Consequently, the Claimants' appeal failed and the Authority's appeals succeeded.

Jurisdiction
Australia
Judgment Date
11 May 2000
Procedural Posture
Appeals Concerning Notification and Opportunity to Comment Under S 24 Ha(7) of the Native Title Act 1993 (cth) in Relation to Proposed Great Barrier Reef Marine Park Permits / On Appeal From a Judge of the Federal Court of Australia
Outcome
Q 221 of 1999 dismissed; Q 223 of 1999 allowed; Q 262 of 1999 allowed.
Legal Topics
['future Acts' 'opportunity to Comment' 'procedural Fairness' 'great Barrier Reef Marine Park Permits' 'notification Requirements']
['native Title' 'administrative Law' 'environmental Law'] ['future Acts' 'opportunity to Comment' 'procedural Fairness' 'great Barrier Reef Marine Park Permits' 'notification Requirements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeals Concerning Notification and Opportunity to Comment Under S 24 Ha(7) of the Native Title Act 1993 (cth) in Relation to Proposed Great Barrier Reef Marine Park Permits / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Authority gave the Claimants an opportunity to comment within the meaning of s 24HA(7)(b) of the Native Title Act 1993 (Cth).' 'Whether s 24HA(7) required the Authority to provide detailed information from individual permit applications or only general information about the act or class of acts.' 'Whether the area that may be affected for notification purposes meant the native title claim area that may be affected or the area the subject of the proposed permit or authority.' 'Whether the Authority complied with the order made on 5 August 1999 requiring description of any part of the sea claim areas that may be affected.']

Ratio Decidendi

The Authority's notices and invitations to comment satisfied s 24HA(7) because that provision required notice of the proposed act or class of acts and the affected land or waters, and gave only a limited opportunity to comment. It did not require detailed disclosure of individual permit applications, did not import broader procedural fairness obligations, and did not require identification of the part of the Claimants' native title sea claim area that may be affected. Consequently, the Claimants' appeal failed and the Authority's appeals succeeded.

Court Disposition

Q 221 of 1999 dismissed; Q 223 of 1999 allowed; Q 262 of 1999 allowed.

Orders

  • ['Q 221 of 1999: The appeal be dismissed.' "Q 221 of 1999: The appellants pay the respondent's costs of the appeal, including reserved costs." 'Q 223 of 1999: The appeal be allowed.' 'Q 223 of 1999: The orders made on 5 August 1999 be set aside and in lieu thereof it be ordered that the Amended Application for an...