FEDERAL COURT OF AUSTRALIA
Risk v Northern Territory of Australia [2000] FCA 1779
ABORIGINAL AND TORRES STRAIT ISLANDERS – land rights – traditional land claim under Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) – claim covering seabed under bays and gulfs within the limits of the Northern Territory – whether seabed amenable to claim – whether the term “land” in s 50 of the Land Rights Act extends to the seabed – ordinary and ordinary legal meaning of “land” – whether includes seabed – operation of Acts Interpretation Act.
Aboriginal Land Rights (Northern Territory) Act 1976 s 50, s 73
Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5
Judiciary Act 1903 (Cth) s 39B
Acts Interpretation Act 1901 (Cth) s 22(1)(c)
The Seas and Submerged Lands Act 1973 (Cth) s 7
Northern Territory Aboriginal Sacred Sites Act 1989 (NT)Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited
K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309 cited
Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 referred to
Hampton Urban Council v Southwark & Vauxhall Water Company [1900] AC 3 cited
Goldsworthy Mining Ltd v Commissioner of Taxation (1973) 128 CLR 199 discussed, cited
Goldsworthy Mining Ltd v Commissioner of Taxation (1975) 132 CLR 463 referred to
Dampier Mining Co Ltd v Commissioner of Taxation (1981) 147 CLR 408 discussed
Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [No 2] (1987) 162 CLR 153 followed
New South Wales v The Commonwealth (1975) 135 CLR 337 cited
Rogers v Squire (1978) 23 ALR 111 referred to
Yarmirr v Northern Territory(No 2) (1998) 82 FCR 533 referred to
Commonwealth v Yarmirr (1999) 168 ALR 426 referred to
R v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 cited
R v Toohey; Ex parte Attorney-General for the Northern Territory (1980) 145 CLR 374 cited
R v Kearney; Ex parte Northern Land Council (1984) 158 CLR 365 cited
Arnhemland Aboriginal Land Trust v Director of Fisheries (NT) (2000) 170 ALR 1 cited
Attorney-General v Prince Ernest Augustus of Hanover [1957] AC 436 cited
Attorney-General of British Colombia v Attorney-General of Canada [1914] AC 153 cited
Lansen v Olney (1999) 169 ALR 49 cited
Argyll & Bute DC v Secretary of State for Scotland (1976) SC 248 cited
Re Rivtow Industries v Assessment Commissioner of British Columbia (1986) 24 DLR (4th) 475 citedWILLIAM MAXWELL RISK V NORTHERN TERRITORY OF AUSTRALIA & THE HON JUSTICE HW OLNEY ACTING AS ABORIGINAL LAND COMMISSIONER
D19 OF 1999FRENCH, KIEFEL AND MERKEL JJ
8 DECEMBER 2000
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
D19 OF 1999
AN APPLICATION TO REVIEW THE DETERMINATION OF 30 NOVEMBER 1999 OF THE HON JUSTICE H W OLNEY, ABORIGINAL LAND COMMISSIONER
BETWEEN:
WILLIAM MAXWELL RISK
APPLICANTAND:
THE NORTHERN TERRITORY OF AUSTRALIA
FIRST RESPONDENTTHE HON JUSTICE HW OLNEY acting as ABORIGINAL LAND COMMISSIONER
SECOND RESPONDENT
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- Case
- [2000] FCA 1779
- Decision Date
CaseChat Overview and Summary
The court examined the definition of "land" in the context of the Aboriginal Land Rights (Northern Territory) Act 1976, focusing on the legislative intent and historical context of the Act. The court also considered the broader implications of the Commissioner's decision on the rights of Indigenous peoples to claim traditional lands, including submerged areas. The court found that the term "land" in the Act was not intended to include the seabed, which falls under different legal frameworks governing maritime zones. Consequently, the court upheld the Commissioner's decision that the seabed of Beagle Gulf and other specified areas was not "land" subject to traditional land claims under the Act.
The appeal was dismissed, and the applicants were ordered to pay the respondents' costs of the application. The court's decision reinforced the distinction between traditional land rights and maritime rights, ensuring that the Aboriginal Land Rights (Northern Territory) Act 1976 was applied within its intended legislative scope.
Orders
Orders of the court
1. The application be dismissed.
2. The Applicant is to pay the Respondents’ costs of the application.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: FRENCH, KIEFEL AND MERKEL JJ
Full text does not contain this section.