Gurubana Gunggandji People of Yarrabah v Great Barrier Reef Marine Park Authority [1999] FCA 437

Gurubana Gunggandji People of Yarrabah v Great Barrier Reef Marine Park Authority [1999] FCA 437

The Native Title (Notices) Determination 1998 is not invalid merely because it referred only to s 252 of the Native Title Act 1993 on its face; nor is it invalid insofar as it purports to make provision for notification for the purposes of s 24HA(7)(a), as the statute does not require express identification of the source of power and there is no prejudice or misleading effect arising from the misstatement.

Parties
Applicants: Stewart Harris & Eston Sinclair (on behalf of themselves and the Gurubana Gunggandji People of Yarrabah in the State of Queensland); Respondent: Great Barrier Reef Marine Park Authority
Jurisdiction
Australia
Judgment Date
14 April 1999
Procedural Posture
Application for Judicial Review / Determination of Preliminary Questions
Outcome
Declaratory relief granted; question of costs reserved.
Legal Topics
Validity of Administrative Determinations, Notification Procedures Under Native Title Legislation, Misstatement or Omission of Statutory Power
Administrative Law Statutory Construction Native Title Validity of Administrative Determinations Notification Procedures Under Native Title Legislation Misstatement or Omission of Statutory Power

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Parties

Stewart Harris & Eston Sinclair (on behalf of themselves and the Gurubana Gunggandji People of Yarrabah in the State of Queensland)

Applicants

Great Barrier Reef Marine Park Authority

Respondent

Procedural Posture

Application for Judicial Review / Determination of Preliminary Questions

Legal Issues

  1. 1 Whether misstatement or omission of statutory power in the Native Title (Notices) Determination 1998 renders the Determination invalid
  2. 2 Whether the Determination is invalid insofar as it purports to make provision for notification under s 24HA(7)(a) of the Native Title Act 1993

Ratio Decidendi

The Native Title (Notices) Determination 1998 is not invalid merely because it referred only to s 252 of the Native Title Act 1993 on its face; nor is it invalid insofar as it purports to make provision for notification for the purposes of s 24HA(7)(a), as the statute does not require express identification of the source of power and there is no prejudice or misleading effect arising from the misstatement.

Court Disposition

Declaratory relief granted; question of costs reserved.

Orders

  • The Native Title (Notices) Determination 1998 is not invalid by reason that it refers only to Section 252 Native Title Act 1993 on the page signed by the Minister.
  • The Determination is not invalid insofar as it purports to make provision for notification for the purposes of Section 24HA(7)(a).