McLennan on behalf of the Jangga People v State of Queensland

The case of McLennan on behalf of the Jangga People v State of Queensland involved a dispute over the recognition and extent of native title rights for the Jangga People in certain areas of land and waters in Queensland. The Federal Court was tasked with considering variations to a previously made consent determination regarding the native title rights of the Jangga People. The central legal issue was whether the Court should amend the consent determination based on the incompletely described parcels of land and the exclusion of certain areas, given the consent of all parties involved.

The court considered whether to amend the determination under rule 39.05(f) of the Federal Court Rules 2011, which allows for the variation or setting aside of a judgment or order after it has been entered if all parties consent. The court also deliberated on whether to proceed under section 13(5)(b) of the Native Title Act 1993 (Cth), which would have required a notification procedure. The State of Queensland pointed out the additional procedural steps required under the Act, as outlined in Lovett v Victoria (No 4). Given the minor nature of the proposed variations and the consent of all parties, the court concluded that a speedy and efficient procedure was in the interests of justice. The court accepted the evidence provided in an affidavit and planned to finalise the amended order in chambers.

In light of the considerations above, the court varied the original orders by amending the schedule to include specific references to certain lots and substituting map sheets. The court also detailed the terms of the determination of native title, specifying the extent of the native title rights and interests for the Jangga People, subject to certain conditions and the laws of the State and Commonwealth. The court further outlined the relationship between the native title rights and other interests, such as mining and petroleum rights, and appointed the Bulganunna Aboriginal Corporation as the prescribed body corporate for the Jangga People. Each party was ordered to bear their own costs.