Williams v Minister for Land & Water Conservation for the State of New South Wales [2003] FCA 360

Williams v Minister for Land & Water Conservation for the State of New South Wales [2003] FCA 360

A s 29 notice under the Native Title Act 1993 is valid if it accurately describes the area over which the proposed act (grant of mining lease) will operate; it is not required to include reference to off-site infrastructure that is neither the subject of the lease nor the act in question. The statutory requirements pertain only to the proposed act and the land directly affected by it.

Jurisdiction
Australia
Judgment Date
02 May 2003
Procedural Posture
Motion/interlocutory Application / Application to Challenge the Validity of a Section 29 Notice Under the Native Title Act 1993
Outcome
Motions dismissed with costs against the applicants.
Legal Topics
['validity of Statutory Notice' 'requirements Under S 29 Native Title Act' 'procedural Fairness in Notification' 'mining Lease Affecting Native Title']
['native Title' 'administrative Law'] ['validity of Statutory Notice' 'requirements Under S 29 Native Title Act' 'procedural Fairness in Notification' 'mining Lease Affecting Native Title']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion/interlocutory Application / Application to Challenge the Validity of a Section 29 Notice Under the Native Title Act 1993

Legal Issues

  1. 1 ["Whether a notice under s 29 of the Native Title Act 1993 must include reference to off-site infrastructure works when describing 'the area that may be affected by the act'" 'Whether omission of off-site infrastructure invalidates the notice for the purposes of commencing negotiations under the Act']

Ratio Decidendi

A s 29 notice under the Native Title Act 1993 is valid if it accurately describes the area over which the proposed act (grant of mining lease) will operate; it is not required to include reference to off-site infrastructure that is neither the subject of the lease nor the act in question. The statutory requirements pertain only to the proposed act and the land directly affected by it.

Court Disposition

Motions dismissed with costs against the applicants.

Orders

  • ['The notice of motion dated 23 January 2003 be dismissed for both applicants.' "The applicants Neville Williams and Kathleen Towney pay the respondents' costs of the motion."]