Donnelly v Minister for Land & Water Conservation [1999] FCA 1581

Donnelly v Minister for Land & Water Conservation [1999] FCA 1581

The proposed amended application did not comply with s 62(1)(b) and s 62(2)(a) because its exclusions of internal areas were qualified as being only "for the purposes of the registration test". Internal areas are either covered by the application or they are not, and it is inconsistent with the statutory scheme for the area the subject of the Federal Court application to change after, and because of, application of the registration test.

Jurisdiction
Australia
Judgment Date
15 November 1999
Procedural Posture
Native Title Determination Application / Motion for Leave to File an Amended Native Title Determination Application
Outcome
Leave to file the amended Native Title Determination Application in the form of Exhibit A was declined.
Legal Topics
['registration Test' 'amendment of Application' 'identification of Internal Areas Not Covered by Application' 'extinguishment of Native Title']
['native Title' 'civil Procedure'] ['registration Test' 'amendment of Application' 'identification of Internal Areas Not Covered by Application' 'extinguishment of Native Title']

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Procedural Posture

Native Title Determination Application / Motion for Leave to File an Amended Native Title Determination Application

Legal Issues

  1. 1 ['Whether the claimants should be granted leave to file the proposed amended Native Title Determination Application.' 'Whether the proposed amended application complied with s 62(1)(b) and s 62(2)(a)(ii) of the Native Title Act 1993 by identifying any internal areas within the external boundaries that were not covered by the application.' 'Whether excluding areas only "for the purposes of the registration test" was consistent with the statutory scheme.']

Ratio Decidendi

The proposed amended application did not comply with s 62(1)(b) and s 62(2)(a) because its exclusions of internal areas were qualified as being only "for the purposes of the registration test". Internal areas are either covered by the application or they are not, and it is inconsistent with the statutory scheme for the area the subject of the Federal Court application to change after, and because of, application of the registration test.

Court Disposition

Leave to file the amended Native Title Determination Application in the form of Exhibit A was declined.

Orders

  • ['The Court declined to grant leave for the filing of an amended Native Title Determination Application in the form of Exhibit A.']