State of Queensland v Central Queensland Land Council Aboriginal Corporation [2002] FCAFC 371

FEDERAL COURT OF AUSTRALIA

State of Queensland v Central Queensland Land Council Aboriginal Corporation [2002] FCAFC 371 NATIVE TITLE – Native Title Act 1993 (Cth) – appeals to Full Court – appeals against declarations of invalidity made by primary Judge of determinations made by Commonwealth Minister under s 43 Native Title Act 1993 (Cth) – where Queensland legislation enacted but not yet in force – whether open to Commonwealth Minister to make determination where alternative provisions of State legislation not yet in force – whether pre-condition to making of determination under s 43 that State alternative provisions have commenced operation – whether Commonwealth Minister erred in law or fell into jurisdictional error in making determination where State provisions not yet in force – whether beyond power of Commonwealth Minister to make determination proleptically or with ambulatory operation. NATIVE TITLE – Native Title Act 1993 (Cth) – cross-appeals from declarations by primary Judge that amendments to Mineral Resources Act 1989 (Qld) not invalid because of failure to satisfy s 24MA Native Title Act 1993 (Cth) or inconsistency with Racial Discrimination Act 1975 (Cth) – cross-appeals from declarations by primary Judge that determinations pursuant to s 26A(1) Native Title Act 1993 (Cth) made by Commonwealth Minister valid and effective in law – whether amendment to Mineral Resources Act 1989 (Qld) placed native title holders in more disadvantageous position than holders of ordinary title – whether amendments invalid as inconsistent with Racial Discrimination Act 1975 (Cth) – whether amendments "future acts" which did not comply with s 24MA Native Title Act 1993 (Cth) and therefore invalid – whether determinations pursuant to s 26A(1) Native Title Act 1993 (Cth) invalid because s 482(1)(e) Mineral Resources Act 1989 (Qld) permitted activities not limited by reference to "particular land or waters concerned" as required by s 26A(3) Native Title Act 1993 (Cth).