Kemppi v Adani Mining Pty Ltd (No 2) [2019] FCAFC 117

Kemppi v Adani Mining Pty Ltd (No 2) [2019] FCAFC 117

Any defects in certification under s 203BE(1)(b) or failure to identify a 'complete description' of the surrender area, if any, were rendered moot once the objectors pursued the objection process under s 24CI and the Registrar made a decision under s 24CK. The statutory scheme provides that challenges to certification are overtaken by the Registrar's merits decision at registration stage, and the 'complete description' requirement is satisfied where the ILUA and accompanying documents enable identification of the potential surrender area.

Parties
First Appellant: Delia Kemppi; Second Appellant: Lester Barnard; Third Appellant: Lyndell Turbane; Fourth Appellant: Adrian Burragubba; Fifth Appellant: Linda Bobongie; First Respondent: Adani Mining Pty Ltd (ACN 145 455 205); Second Respondent: Queensland South Native Title Services Ltd (ACN 114 581 556); Third Respondent: State of Queensland; Fourth Respondent: Native Title Registrar
Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Appeal / Judgment After Full Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Statutory Construction, Indigenous Land Use Agreements (ilua), Judicial Review of Administrative Decision, Registration of Iluas, Certification Under Native Title Act, Complete Description Under Regulations
Native Title Administrative Law Statutory Construction Indigenous Land Use Agreements (ilua) Judicial Review of Administrative Decision Registration of Iluas Certification Under Native Title Act Complete Description Under Regulations

Case Brief

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Parties

Delia Kemppi

First Appellant

Lester Barnard

Second Appellant

Lyndell Turbane

Third Appellant

Adrian Burragubba

Fourth Appellant

Linda Bobongie

Fifth Appellant

Adani Mining Pty Ltd (ACN 145 455 205)

First Respondent

Queensland South Native Title Services Ltd (ACN 114 581 556)

Second Respondent

State of Queensland

Third Respondent

Native Title Registrar

Fourth Respondent

Procedural Posture

Appeal / Judgment After Full Court Appeal

Legal Issues

  1. 1 Whether the certificate issued under s 203BE(1)(b) of the Native Title Act was void for jurisdictional error
  2. 2 Whether the Registrar had jurisdiction to consider/register the ILUA in the event of certification error
  3. 3 Whether the application for registration of the ILUA complied with the 'complete description' requirement under reg 7(2)(e) of Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)

Ratio Decidendi

Any defects in certification under s 203BE(1)(b) or failure to identify a 'complete description' of the surrender area, if any, were rendered moot once the objectors pursued the objection process under s 24CI and the Registrar made a decision under s 24CK. The statutory scheme provides that challenges to certification are overtaken by the Registrar's merits decision at registration stage, and the 'complete description' requirement is satisfied where the ILUA and accompanying documents enable identification of the potential surrender area.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed with costs.