McKenzie v Minister for Lands

Case [2011] WASC 335

McKENZIE -v- MINISTER FOR LANDS [2011] WASC 335



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2011] WASC 335
Case No:CIV:1742/201121 OCTOBER 2011
Coram:MARTIN CJ6/12/11
39Judgment Part:1 of 1
Result: Application allowed
Declarations of invalidity issued
A
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Parties:NEIL PATRICK McKENZIE
PHILLIP JAMES ROE
MINISTER FOR LANDS

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
Judiciary Act 1903 (Cth), s 39(2)
Land Administration Act 1997 (WA), s 151, s 152, s 161, s 165, s 170, s 170(6), s 171, s 171(1), s 172, s 173, s 175, s 175(3), s 177, s 179, s 184
Museum Act 1969 (WA)
Native Title Act 1993 (Cth), s 11, s 24MD, s 24MD(2), s 24MD(2)(ba), s 24MD(6), s 26, s 26(1)(c), s 29, s 223, s 253

Case References:
Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493
Bodney v Bennell [2008] FCAFC 63; (2008) 249 ALR 300
Boyce v Paddington Borough Council [1903] 1 Ch 109
Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; (2002) 214 CLR 422
Onus v Alcoa of Australia Ltd [1981] HCA 80; (1981) 149 CLR 27
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355
Robinson v Western Australian Museum (1977) 138 CLR 283
Scurr v Brisbane City Council (1973) 133 CLR 242
The State of Western Australia v Ward [2002] HCA 28; (2002) 213 CLR 1
Western Australia v Native Title Register [1999] FCA 1594
Wilson v Secretary of State for the Environment [1973] 1 WLR 1083

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : McKENZIE -v- MINISTER FOR LANDS [2011] WASC 335 CORAM : MARTIN CJ HEARD : 21 OCTOBER 2011 DELIVERED : 6 DECEMBER 2011 FILE NO/S : CIV 1742 of 2011 BETWEEN : NEIL PATRICK McKENZIE
    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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Details
AGLC
McKenzie v Minister for Lands [2011] WASC 335
Case
[2011] WASC 335
Decision Date

CaseChat Overview and Summary

The case involved McKenzie, the applicant, and the Minister for Lands, the respondent. McKenzie sought to challenge a notice of acquisition issued under section 171 of the Land Administration Act 1997 (WA). The dispute centred on whether individuals claiming native title rights and interests in land, without a formal determination, had the standing to contest the notice. Additionally, the case questioned whether the notices complied with the requirement to include a 'description of land' as stipulated in section 171 of the Land Administration Act 1997 (WA). The matter was heard in the Supreme Court of Western Australia.

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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