Rirratjingu Aboriginal Corporation & Ors v Northern Land Council & Ors

The Full Federal Court heard an appeal concerning the interpretation of the *Aboriginal Land Rights (Northern Territory) Act 1976* (Cth) (the Act). The appellants, the Rirratjingu Aboriginal Corporation and others, sought to challenge a decision by the Northern Land Council and others, which had refused to grant consent to the appellants to apply for an estate in fee simple in relation to certain unalienated Crown land. The core of the dispute lay in the proper construction of section 11(1) of the Act, which governs the circumstances under which consent can be granted.

The primary legal issue before the Full Federal Court was whether the Northern Land Council had acted unlawfully in refusing consent to the Rirratjingu Aboriginal Corporation's application. This involved determining the scope of the Northern Land Council's discretion under section 11(1) of the Act, specifically whether it was required to consider the interests of all traditional owners of the land, or only those who were members of the applicant corporation. The court also considered whether the refusal was vitiated by an error of law, such as a failure to take relevant considerations into account or the taking into account of irrelevant considerations.

The Full Federal Court held that the Northern Land Council had erred in law in its refusal of consent. The court reasoned that section 11(1) of the Act imposes a positive obligation on the Northern Land Council to consider the interests of all traditional owners, not just those who are members of the applicant corporation. The court found that the Northern Land Council had failed to undertake this comprehensive assessment, instead focusing narrowly on the interests of the Rirratjingu Aboriginal Corporation's members. This failure constituted an error of law, as it meant the Council had not properly exercised its discretion under the Act.

Consequently, the Full Federal Court allowed the appeal, set aside the decision of the primary judge, and remitted the matter to the Northern Land Council for reconsideration according to law.