Bullen v State of Western Australia [2010] FCA 900

Bullen v State of Western Australia [2010] FCA 900

At the relevant time, there was a registered native title claimant within the meaning of the Native Title Act 1993 (Cth), as the names of the deceased applicants remained on the Register; thus, the requirements of s 28(1)(b) were not met and the right to negotiate provisions applied.

Parties
Applicants: Elaine Bullen and Others; Respondents: The State of Western Australia and Others; Third Respondent: FQM Australia Nickel Pty Ltd (formerly Billiton QNI)
Jurisdiction
Australia
Judgment Date
20 August 2010
Procedural Posture
Originating Motion for Declaratory Relief / Judgment After Hearing
Outcome
Declaration granted in favour of the applicants.
Legal Topics
Registered Native Title Claimant, Right to Negotiate, Interpretation of Native Title Act 1993 (cth), Replacement of Applicant Under S 66 B, Validity of Mining Leases in Context of Native Title, Declaratory Relief
Native Title Law Registered Native Title Claimant Right to Negotiate Interpretation of Native Title Act 1993 (cth) Replacement of Applicant Under S 66 B Validity of Mining Leases in Context of Native Title Declaratory Relief

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Parties

Elaine Bullen and Others

Applicants

The State of Western Australia and Others

Respondents

FQM Australia Nickel Pty Ltd (formerly Billiton QNI)

Third Respondent

Procedural Posture

Originating Motion for Declaratory Relief / Judgment After Hearing

Legal Issues

  1. 1 Whether there was a 'registered native title claimant' under the Native Title Act 1993 (Cth) in respect of land subject to mining leases, where all persons comprising the applicant were deceased
  2. 2 Whether the declaration sought related to a hypothetical matter
  3. 3 Proper construction of 'registered native title claimant' for the purposes of the Act

Ratio Decidendi

At the relevant time, there was a registered native title claimant within the meaning of the Native Title Act 1993 (Cth), as the names of the deceased applicants remained on the Register; thus, the requirements of s 28(1)(b) were not met and the right to negotiate provisions applied.

Court Disposition

Declaration granted in favour of the applicants.

Orders

  • On 26 June 2007, immediately before the grant of mining leases M74/169 and M74/172, there was a registered native title claimant as defined by s 253 of the Native Title Act 1993 (Cth) in respect of the areas to which the mining leases relate.