North Ganalanja Aboriginal Corporation & Anor v The State of Queensland & Anor [1995] FCA 869

North Ganalanja Aboriginal Corporation & Anor v The State of Queensland & Anor [1995] FCA 869

The majority held that the President's direction not to accept the application under s.63 was not the exercise of judicial power, but an administrative function. The proper test was whether the applicant has shown that a prima facie claim can be made out, meaning that if facts and law are found in the applicant's favour, the claim could succeed. Where a claim turns on an undecided question of law, and it is open for the law to favour the applicant, the application should be accepted and dealt with subsequently. On the facts, the President erred by failing to recognise that there remained open questions as to whether native title was extinguished by the grant of relevant leases. Thus, the...

Parties
Applicants: NORTH GANALANJA ABORIGINAL CORPORATION and BIDANGGU ABORIGINAL CORPORATION for and on behalf of the WAANYI PEOPLE; First Respondent: THE STATE OF QUEENSLAND; Second Respondents: CENTURY ZINC LIMITED and CRA EXPLORATION PTY LTD
Jurisdiction
Australia
Judgment Date
01 November 1995
Procedural Posture
Appeal From Decision of the President of the National Native Title Tribunal / Judgment on Appeal at the Federal Court of Australia (full Court)
Outcome
Appeal dismissed by majority. Orders for costs against applicants.
Legal Topics
Native Title Determination Procedures, Extinguishment of Native Title by Pastoral Leases, Administrative Vs Judicial Power, Requirements for Prima Facie Native Title Claim, Interpretation of Native Title Act 1993
Aboriginal and Torres Strait Islander Law Land Law Constitutional Law Native Title Determination Procedures Extinguishment of Native Title by Pastoral Leases Administrative Vs Judicial Power Requirements for Prima Facie Native Title Claim Interpretation of Native Title Act 1993

Case Brief

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Parties

NORTH GANALANJA ABORIGINAL CORPORATION and BIDANGGU ABORIGINAL CORPORATION for and on behalf of the WAANYI PEOPLE

Applicants

THE STATE OF QUEENSLAND

First Respondent

CENTURY ZINC LIMITED and CRA EXPLORATION PTY LTD

Second Respondents

Procedural Posture

Appeal From Decision of the President of the National Native Title Tribunal / Judgment on Appeal at the Federal Court of Australia (full Court)

Legal Issues

  1. 1 Whether the common law native title was extinguished by pastoral leases under Queensland statutes
  2. 2 Whether the President's decision not to accept a native title determination application was an exercise of judicial power
  3. 3 Whether a prima facie claim can be made out under s.63 of the Native Title Act 1993

Ratio Decidendi

The majority held that the President's direction not to accept the application under s.63 was not the exercise of judicial power, but an administrative function. The proper test was whether the applicant has shown that a prima facie claim can be made out, meaning that if facts and law are found in the applicant's favour, the claim could succeed. Where a claim turns on an undecided question of law, and it is open for the law to favour the applicant, the application should be accepted and dealt with subsequently. On the facts, the President erred by failing to recognise that there remained open questions as to whether native title was extinguished by the grant of relevant leases. Thus, the...

Court Disposition

Appeal dismissed by majority. Orders for costs against applicants.

Orders

  • The appeal be dismissed.
  • The respondents' costs of the appeal (including costs reserved) be paid by the applicants.