Northern Land Council v QuallCitation:[2020] HCA 33Before:Kiefel CJ, Gageler, Keane, Nettle, Edelman JJDate:07 Oct 2020Case Number:D21/2019Read more

Northern Land Council v QuallCitation:[2020] HCA 33Before:Kiefel CJ, Gageler, Keane, Nettle, Edelman JJDate:07 Oct 2020Case Number:D21/2019Read more

The certification function conferred by s 203BE(1)(b) of the Native Title Act 1993 (Cth) is not delegable by the Northern Land Council to its CEO, nor can the CEO perform the function as agent of the Council.

Parties
Applicant: Northern Land Council; Respondent: Unknown Respondent
Jurisdiction
Australia
Judgment Date
07 October 2020
Procedural Posture
Native Title Application / Judgment
Outcome
application dismissed
Legal Topics
Native Title, Indigenous Land Use Agreements, Delegation of Statutory Functions
Aboriginal and Torres Strait Islander Law Administrative Law Native Title Indigenous Land Use Agreements Delegation of Statutory Functions

Case Brief

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Parties

Northern Land Council

Applicant

Unknown Respondent

Respondent

Procedural Posture

Native Title Application / Judgment

Legal Issues

  1. 1 Whether the certification function under s 203BE(1)(b) of the Native Title Act 1993 (Cth) can be delegated by the Northern Land Council to its CEO
  2. 2 Whether the CEO can perform the certification function as agent of the Northern Land Council

Ratio Decidendi

The certification function conferred by s 203BE(1)(b) of the Native Title Act 1993 (Cth) is not delegable by the Northern Land Council to its CEO, nor can the CEO perform the function as agent of the Council.

Court Disposition

application dismissed

Orders

  • The application for registration of the Indigenous Land Use Agreement is dismissed.