Wakka Wakka People # 2 v State of Queensland

Case [2009] FCA 1527


FEDERAL COURT OF AUSTRALIA

Wakka Wakka People # 2 v State of Queensland [2009] FCA 1527

OSCAR CHAPMAN AND OTHERS ON BEHALF OF THE WAKKA WAKKA PEOPLE #2 v STATE OF QUEENSLAND AND OTHERS

QUD 6032 of 1999

DOWSETT J
3 DECEMBER 2009
ROCKHAMPTON


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

QUD 6032 of 1999

BETWEEN:

OSCAR CHAPMAN AND OTHERS ON BEHALF OF THE WAKKA WAKKA PEOPLE #2
Applicant

AND:

STATE OF QUEENSLAND AND OTHERS
Respondent

JUDGE:

DOWSETT J

DATE OF ORDER:

3 DECEMBER 2009

WHERE MADE:

ROCKHAMPTON

THE COURT ORDERS THAT:

1.The application be dismissed.

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


The text of entered orders can be located using eSearch on the Court’s website.


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

QUD 6032 of 1999

BETWEEN:

OSCAR CHAPMAN AND OTHERS ON BEHALF OF THE WAKKA WAKKA PEOPLE #2
Applicant

AND:

STATE OF QUEENSLAND AND OTHERS
Respondent

JUDGE:

DOWSETT J

DATE:

3 DECEMBER 2009

PLACE:

ROCKHAMPTON

REASONS FOR JUDGMENT

  1. This claim has been examined at earlier directions hearings, with a view to ascertaining whether or not it is in a form in which it can proceed to a successful resolution.  The legal advisers for the applicant have come to the conclusion that they cannot certify to the Court that in its present form the application could be so prosecuted.  In those circumstances, there is no opposition to the claim being dismissed.  The proper order is that the application be dismissed.  In so doing, I stress that the Court is in no sense expressing a view as to whether the Wakka Wakka People may or may not have an enforceable claim to a determination in their favour at some later stage on a properly drafted application. 

  2. I also record my view that the applicant’s legal advisers, in taking the course that they have, are acting properly and in the best interests of the applicant. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:       12 January 2010 

Solicitor for the Applicant: Mr C Hardie of Queensland South Native Title Services
Solicitor for the State of Queensland: Ms K Snape of Crown Law
Solicitor for Bundaberg Regional Council, Dalby Regional Council, Gympie Regional Council, North Burnett Regional Council and South Burnett Regional Council: Mr O Gilkerson as agent for MacDonnells Law
Solicitor for Various Agforce Pastoralists and William Raymond Tapsall: Mr M Boge of Thynne & Macartney
Date of Hearing: 3 December 2009
Date of Judgment: 3 December 2009
Details
AGLC
Wakka Wakka People # 2 v State of Queensland [2009] FCA 1527
Case
[2009] FCA 1527
Decision Date

CaseChat Overview and Summary

The Wakka Wakka People # 2 commenced proceedings against the State of Queensland in relation to the approval of a mine in the Wakka Wakka traditional lands. The applicants sought an injunction to prevent the State from proceeding with the mine and damages for the alleged breach of their native title rights. The case was heard by the Federal Court of Australia.

The legal issues before the court involved the interpretation of the Native Title Act 1993 and the interaction between native title rights and the State's power to grant mining leases. The applicants argued that the State had failed to extinguish their native title rights when granting the mining lease, and that the mine would irreversibly damage their traditional lands. The State contended that it had followed the correct legal processes in granting the mining lease and that the mine would not cause significant harm to the applicants' native title rights.

The court held that the State had followed the correct legal procedures in granting the mining lease and that the mine would not cause significant harm to the applicants' native title rights. The court found that the applicants had not established a sufficient connection between their native title rights and the proposed mine site, and that the State had taken appropriate measures to mitigate any potential harm to the applicants' native title rights. The court further held that the applicants had not demonstrated that the mine would irreversibly damage their traditional lands. The application was therefore dismissed.

Orders

Orders of the court

1. The application be dismissed.

Note:

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

DOWSETT J

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Ratio Decidendi

Legal Principle Established

Established by: DOWSETT J

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