Northern Territory of Australia v Honourable Justice Olney [2002] FCAFC 280

FEDERAL COURT OF AUSTRALIA

Northern Territory of Australia v Honourable Justice Olney [2002] FCAFC 280

ABORIGINES – land rights – traditional land claim – recommendation for grant – intertidal zones – riverbeds and river banks – no adjacent land available for claim or occupied by traditional land owners – general principles to be regarded in making recommendation – desirability of Aboriginals acquiring secure occupancy of living places – whether applicable to land claimed where no actual or desired occupancy – principles inapplicable – no error of law – application dismissed.

Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 50

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5

Judiciary Act 1903 (Cth) s 39B(1), (1A)

R v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327

Risk v Northern Territory (2000) 105 FCR 109

Risk v Northern Territory (2002) 188 ALR 376

NORTHERN TERRITORY OF AUSTRALIA v HONOURABLE JUSTICE OLNEY and ORS

D5, D6 AND D13 OF 2002

BLACK CJ, FRENCH and RD NICHOLSON JJ

3 SEPTEMBER 2002

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D5, D6 AND D 13 OF 2002

BETWEEN: NORTHERN TERRITORY OF AUSTRALIA

APPLICANT

AND: THE HONOURABLE JUSTICE OLNEY

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

TRADITIONAL OWNERS IN THE McARTHUR RIVER REGION LAND CLAIM (Claim No 184) and part of MANANGOORA REGION LAND CLAIM (Claim No 185)

THIRD RESPONDENTS [D5 of 2002]

TRADITIONAL OWNER IN THE MARIA ISLAND AND LIMMEN BIGHT RIVER LAND CLAIM (Claim No 71) and part of MARIA ISLAND REGION LAND CLAIM (Claim No 198)

THIRD RESPONDENTS [D6 of 2002]

TRADITIONAL OWNERS IN THE LORELLA REGION LAND CLAIM (Claim No 199 and part of MARIA ISLAND REGION LAND CLAIM (Claim No 198)