McKENZIE -v- MINISTER FOR LANDS [2011] WASC 335
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASC 335 | |
| Case No: | CIV:1742/2011 | 21 OCTOBER 2011 | |
| Coram: | MARTIN CJ | 6/12/11 | |
| 39 | Judgment Part: | 1 of 1 | |
| Result: | Application allowed Declarations of invalidity issued | ||
| A | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- First Plaintiff
PHILLIP JAMES ROE
Second Plaintiff
AND
MINISTER FOR LANDS
Defendant
Catchwords:
Statutory interpretation - Compulsory acquisition of land - Land Administration Act 1997 (WA) - Relationship with Native Title Act 1993 (Cth) - Whether persons claiming to have native title rights and interests in land without a determination have standing to challenge a notice under s 171 of the Land Administration Act 1997 (WA) - Whether notices contained a 'description of land' per s 171 of the Land Administration Act 1997 (WA)
Legislation:
Aboriginal Heritage Act 1972 (WA)
Interpretation Act 1984 (WA), s 56
(Page 2)
Judiciary Act 1903 (Cth), s 39(2)
Land Administration Act 1997 (WA), s 151, s…
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- AGLC
- McKenzie v Minister for Lands [2011] WASC 335
- Case
- [2011] WASC 335
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether claimants asserting native title rights could challenge a notice under section 171 of the Land Administration Act 1997 (WA) and whether the notices provided an adequate description of the land as required by the same statute. The court had to determine if the claimants had standing to bring the challenge and whether the notices sufficiently met the statutory description requirement. The interpretation of the interaction between the Land Administration Act 1997 (WA) and the Native Title Act 1993 (Cth) was also pivotal.
The court found that individuals claiming native title rights without a formal determination do indeed have standing to challenge a notice issued under section 171 of the Land Administration Act 1997 (WA). The court ruled that the notices did not provide a sufficient description of the land, thereby rendering them invalid. Consequently, the application was allowed, and declarations of invalidity were issued against the notices in question. This decision underscored the importance of statutory compliance and the rights of native title claimants in land acquisition proceedings.
Orders
Orders of the court
Application allowed
Declarations of invalidity issued
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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