Coppin v State of Western Australia [1999] FCA 931

Coppin v State of Western Australia [1999] FCA 931

The Tribunal was not entitled to deal with the native title parties' s 35 applications because the Government party had not negotiated in good faith with the native title parties and grantee parties as required by s 31(1)(b). That requirement is a jurisdictional pre-condition to any s 35 application, and the identity of the negotiation party bringing the application does not affect the Tribunal's jurisdiction. The transitional provisions did not alter the construction of the old right to negotiate provisions.

Jurisdiction
Australia
Judgment Date
08 July 1999
Procedural Posture
Application Under S 5 of the Administrative Decisions (judicial Review) Act 1977 (cth) for an Order of Review of a Decision of the National Native Title Tribunal / Final Judgment on Judicial Review Application
Outcome
Application dismissed.
Legal Topics
['permissible Future Acts' 'right to Negotiate' 'good Faith Negotiations' 'national Native Title Tribunal Jurisdiction' 'future Act Determinations' 'judicial Review']
['native Title' 'administrative Law' 'mining Law'] ['permissible Future Acts' 'right to Negotiate' 'good Faith Negotiations' 'national Native Title Tribunal Jurisdiction' 'future Act Determinations' 'judicial Review']

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Procedural Posture

Application Under S 5 of the Administrative Decisions (judicial Review) Act 1977 (cth) for an Order of Review of a Decision of the National Native Title Tribunal / Final Judgment on Judicial Review Application

Legal Issues

  1. 1 ["Whether discharge of the Government party's obligation to negotiate in good faith under s 31(1)(b) of the Native Title Act 1993 (Cth) is a jurisdictional prerequisite to the Tribunal hearing applications under s 35 for future act determinations." "Whether the identity of the negotiation party making the s 35 application affects the Tribunal's jurisdiction where the Government party has not negotiated in good faith." 'Whether the Government party could rely on absence of negotiations to contest jurisdiction when it had not commenced negotiations.' "Whether the transitional provisions in Schedule 5 to the Native Title Amendment Act 1998 (Cth) preserved the applicants' ability to proceed under the old right to negotiate provisions."]

Ratio Decidendi

The Tribunal was not entitled to deal with the native title parties' s 35 applications because the Government party had not negotiated in good faith with the native title parties and grantee parties as required by s 31(1)(b). That requirement is a jurisdictional pre-condition to any s 35 application, and the identity of the negotiation party bringing the application does not affect the Tribunal's jurisdiction. The transitional provisions did not alter the construction of the old right to negotiate provisions.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicants pay the first respondent's costs."]