Quall v Northern Land Council [2018] FCA 989

Quall v Northern Land Council [2018] FCA 989

Although the certification function under s 203BE(1)(b) of the Native Title Act 1993 (Cth) was delegable under s 203BK, the Northern Land Council's 1 October 1996 resolution could not delegate that function because the certification function did not then exist. The 10 March 2000 instrument merely confirmed the earlier delegation and did not show a conscious and considered delegation of the newly acquired certification function. Mr Morrison therefore lacked delegated authority to issue the certificate, and the application for registration of the Kenbi ILUA had not been duly certified by the Northern Land Council for the purposes of s 24CG(3)(a).

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Native Title Application for Review of a Representative Body's Decision to Certify an Application for Registration of an Indigenous Land Use Agreement Under S 203 BE of the Native Title Act 1993 (cth) / Judgment Following Hearing on Validity of Certification
Outcome
The applicants succeeded on their alternative contention; the Court declared that the certificate signed by the second respondent did not constitute certification by the first respondent for the purposes of s 24CG(3)(a) and ordered the first respondent to pay the applicants' costs.
Legal Topics
['indigenous Land Use Agreements' 'representative Aboriginal and Torres Strait Islander Bodies' 'certification Under S 203 BE of the Native Title Act 1993 (cth)' 'delegation of Statutory Functions' 'acts Interpretation Act 1901 (cth) S 34 Ab']
['native Title' 'administrative Law' 'statutory Interpretation'] ['indigenous Land Use Agreements' 'representative Aboriginal and Torres Strait Islander Bodies' 'certification Under S 203 BE of the Native Title Act 1993 (cth)' 'delegation of Statutory Functions' 'acts Interpretation Act 1901 (cth) S 34 Ab']

Case Brief

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Procedural Posture

Native Title Application for Review of a Representative Body's Decision to Certify an Application for Registration of an Indigenous Land Use Agreement Under S 203 BE of the Native Title Act 1993 (cth) / Judgment Following Hearing on Validity of Certification

Legal Issues

  1. 1 ["Whether the certification function under s 203BE(1)(b) of the Native Title Act 1993 (Cth) is delegable to a member of a representative body's staff." 'Whether s 203BK of the Native Title Act 1993 (Cth) allowed the Northern Land Council to delegate its certification function to its Chief Executive Officer.' "Whether the Northern Land Council's 1 October 1996 resolution and 10 March 2000 instrument effected a valid delegation of the certification function to the Chief Executive Officer." 'Whether the certificate signed by Mr Morrison on 13 March 2017 was a valid certification for the purposes of s 24CG(3)(a) of the Native Title Act 1993 (Cth).']

Ratio Decidendi

Although the certification function under s 203BE(1)(b) of the Native Title Act 1993 (Cth) was delegable under s 203BK, the Northern Land Council's 1 October 1996 resolution could not delegate that function because the certification function did not then exist. The 10 March 2000 instrument merely confirmed the earlier delegation and did not show a conscious and considered delegation of the newly acquired certification function. Mr Morrison therefore lacked delegated authority to issue the certificate, and the application for registration of the Kenbi ILUA had not been duly certified by the Northern Land Council for the purposes of s 24CG(3)(a).

Court Disposition

The applicants succeeded on their alternative contention; the Court declared that the certificate signed by the second respondent did not constitute certification by the first respondent for the purposes of s 24CG(3)(a) and ordered the first respondent to pay the applicants' costs.

Orders

  • ['NTD 45 of 2017: The first respondent has not, by a certificate dated 13 March 2017 signed by the second respondent, certified for the purposes of s 24CG(3)(a) of the Native Title Act 1993 (Cth), and in performance of its functions as a representative body under s 203BE(1)(b) of the Native Title Act 1993 (Cth), an...