Peko-Wallsend Ltd & ors v Minister of Aboriginal Affairs & anor [1984] FCA 129

CATCHWORDS

Administrative law - Judicial Review - Whether Minister,

in deciding to make land grant, is bound to take into account representations, made by a party claiming to be detrimentally affected, on a matter arising out of the Report of the

Aboriginal Land Commissioner - Court's discretion.

Administrative Decisions (Judic1al Review) Act, 1977 ss.6, 16

Aboriginal Land Rights (Northern Territory) Act, 1976 ss. 11, 50

PEKO-WALLSEND LTD. PEKO EXPLORATION LTD. PEKO-WALLSEND OPERATIONS LTD. ELECTROLYTIC ZINC COMPANY OF AUSTRALASTA LTD. Vv. MINISTER FOR ABORIGINAL AFFAIRS and NORTHERN LAND COUNCIL

No. G164 of 1983

Beaumont, J. Sydney 27 April, 1984.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION No. G164 of 1983

BETWEEN: PEKO-WALLSEND LIMITED PEKO EXPLORATION LIMITED PEKO-WALLSEND OPERATIONS LIMITED ELECTROLYTIC ZINC COMPANY OF AUSTRALASIA LTD.

Applicants

AND: MINISTER FOR ABORIGINAL AFFAIRS

First respondent

AND: NORTHERN LAND COUNCIL

Second respondent

ORDER

Judge making order: Beaumont, d. Date order made: 27 April 1984.

Where made: Sydney

THE COURT ORDERS THAT:

1. Disniss the application made by the further amended

application.

2. Order that such dismissal shall be without prejudice to any right of the applicants to bring fresh

proceedings claiming relief pursuant to s.50(1)(d) or s.51

of the Aboriginal Land Rights (Northern Territory) Act, 1976.

3. Costs reserved.

IN THE FEDERAL COURT OF AUSTRALIA } NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION ) No. G164 of 1983 BETWEEN: PEKO-WALLSEND LIMITED

PEKO EXPLORATION LIMITED PEKO-WALLSEND OPERATIONS LIMITED