Walker on behalf of the Yaegl, Bundjalung and Gumbaynggirr People v Minister for Land & Water Conservation (NSW) [2003] FCA 947

Walker on behalf of the Yaegl, Bundjalung and Gumbaynggirr People v Minister for Land & Water Conservation (NSW) [2003] FCA 947

It is not a condition of the validity of an amended native title application that it be authorised by all members of the claim group as described in the original application; authorisation by the new claim group, as defined in the amended application, is sufficient under the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
10 September 2003
Procedural Posture
Native Title Application / Application to Amend Claim Group in Native Title Application
Outcome
Application to amend claim group granted
Legal Topics
['amendment of Native Title Application' 'authorisation of Applicants' 'definition of Claim Group' 'transitional Provisions Under Native Title Act 1993']
['native Title' 'practice and Procedure'] ['amendment of Native Title Application' 'authorisation of Applicants' 'definition of Claim Group' 'transitional Provisions Under Native Title Act 1993']

Case Brief

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Procedural Posture

Native Title Application / Application to Amend Claim Group in Native Title Application

Legal Issues

  1. 1 ['Whether amendment to redefine the native title claim group must be authorised by all persons in both original and redefined claim groups' 'Whether compliance with authorisation requirements under amended Native Title Act 1993 (Cth) is necessary' 'Whether exclusion of certain previously included groups invalidates the amended application']

Ratio Decidendi

It is not a condition of the validity of an amended native title application that it be authorised by all members of the claim group as described in the original application; authorisation by the new claim group, as defined in the amended application, is sufficient under the Native Title Act 1993 (Cth).

Court Disposition

Application to amend claim group granted

Orders

  • ['Leave be granted to the applicants to file an amended application in terms of the amended application notified to the respondents.']