Turrbal People v State of Queensland

[2006] FCA 1687

FEDERAL COURT OF AUSTRALIA

Turrbal People v State of Queensland [2006] FCA 1687

Native Title Act 1993 (Cth) ss 66 and 66A

CONNIE ISAACS ON BEHALF OF THE TURRBAL PEOPLE v STATE OF QUEENSLAND  & OTHERS
QUD 6196 OF 1998

SPENDER J
4 DECEMBER 2006
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 6196 OF 1998

BETWEEN:	CONNIE ISAACS ON BEHALF OF THE TURRBAL PEOPLE Applicant
AND:	STATE OF QUEENSLAND First Respondent

JUDGE:	SPENDER J
DATE OF ORDER:	4 DECEMBER 2006
WHERE MADE:	BRISBANE

THE COURT DIRECTS THAT:

1.   The direction given on 2 March 2006 is amended by deleting ‘and to notify the public in a determined way’.

2.   The notice of the amended application to be given by the Native Title Registrar of the Federal Court of Australia is to include the following:

As there can only be one determination of native title for an area, if a person does not become a party in relation to the application, there may be no other opportunity for the Federal Court, in making its determination, to take into account the person’s native title rights and interests in relation to the area concerned.

A person who wants to be a party in relation to the amended application must notify the Federal Court, in writing, within a period of three months of the date of the notification to that person of the amended application, or after the expiry of that period, seek the leave of the Federal Court under subs 84(5) of the Native Title Act 1993 (Cth) to become a party.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 6196 OF 1998

BETWEEN:	CONNIE ISAACS ON BEHALF OF THE TURRBAL PEOPLE Applicant
AND:	STATE OF QUEENSLAND First Respondent

JUDGE:	SPENDER J
DATE:	4 DECEMBER 2006
PLACE:	BRISBANE

REASONS FOR FURTHER DIRECTIONS

1. On 1 December 2006 I made various orders including a direction that:

   1.Within 21 days, the applicant is to file and serve its amended application, pursuant to the leave granted on 2 March 2006. 

   2.In the event of non-compliance with Order 1 of this Order, Orders 1, 2 and 3 made on 2 March 2006 are revoked.

   3.The applicant has leave to file Further Amended Points of Claim on or before 3 March 2007.

   4.The matter be listed for further directions at 9.30 am on 15 December 2006.

   5.There be liberty to apply on 7 days notice.

   THE COURT DIRECTS THAT:

   1. Insofar as he is reasonably capable of doing so, the Native Title Registrar is directed to comply with direction 1 given on 2 March 2006, within 28 days of the applicant complying with Order 1 of this Order.

2. The direction of 2 March 2006 was in the following terms:

   ‘The Native Title Registrar, in addition to the notice required under Native Title Act 1993 (Cth) s 66A(1)(d), give notice of the amended application to the persons or bodies referred to in s 66(3)(a), to the extent that such persons or bodies are not already parties to the application, and to notify the public in the determined way.’

1. It has come to my attention that in respect of the foreshadowed amended application by the applicant, the provisions of s 66A(1)(e) of the Native Title Act 1993 (Cth) have no application because the period specified in the notice, in accordance with s 66(10)(c), has, in fact, ended.

2. It is appropriate that proper notice be given to parties who are affected by the amended application. There is power in s 66A(4) for the Federal Court to give directions to the Native Title Registrar as to appropriate notice of the amended application.

3. In the circumstances, I consider it appropriate to amend the direction given on 2 March 2006 (which is incorporated in the directions which I gave on 1 December 2006) by deleting from the direction of 2 March 2006 the words ‘and to notify the public in a determined way’. 

4. That will alleviate any difficulties about public notification.

5. Since the notification period has expired, it is appropriate to include in the notice to be given by the Native Title Registrar of the amended application, the following:

   ‘As there can only be one determination of native title for an area, if a person does not become a party in relation to the application, there may be no other opportunity for the Federal Court, in making its determination, to take into account the person’s native title rights and interests in relation to the area concerned.’

   And:

   ‘A person who wants to be a party in relation to the amended application must notify the Federal Court, in writing, within a period of three months of the date of the notification to that person of the amended application, or after the expiry of that period, seek the leave of the Federal Court under subs 84(5) of the Native Title Act 1993 (Cth) to become a party.’

6. I therefore make the following directions:

   (1)The direction given on 2 March 2006 is amended by deleting ‘and to notify the public in a determined way’.

   (2)The notice of the amended application to be given by the Native Title Registrar of the Federal Court of Australia is to include the following:

   As there can only be one determination of native title for an area, if a person does not become a party in relation to the application, there may be no other opportunity for the Federal Court, in making its determination, to take into account the person’s native title rights and interests in relation to the area concerned.

   A person who wants to be a party in relation to the amended application must notify the Federal Court, in writing, within a period of three months of the date of the notification to that person of the amended application, or after the expiry of that period, seek the leave of the Federal Court under subs 84(5) of the Native Title Act 1993 (Cth) to become a party.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Spender.  

Associate:

Dated:       4 December 2006