Peko-Wallsend Ltd & Ors v. Minister for Aboriginal Affairs & Anor [1985] FCA 31

CATCHWORDS Administrative Law - Judicial review - Decision of Minister to grant land to Aboriginal Land Trust - Prior hearing before

Aboriginal Land Commissioner - Failure of appellant to give clear evidence before Commissioner as to location of ore body - Consequent error in Report, stating that ore body was largely outside land recommended for grant - Submission by appellants to Minister correcting error - Change of Minister - Whether new Minister deemed to have knowledge of submission ~- Whether

Minister's failure to consider submission constituted failure to

take account of relevant consideration ~ Discretionary factors in granting relief - Whether appellants' failure to give clear

evidence before Commissioner disentitied them to relief.

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

Administrative Decisions (Judicial Review) Act 1977, ss.5,16.

PEKO-WALLSEND LIMITED, PEKO EXPLORATION LIMITED, PEKO-WALLSEND OPERATIONS LIMITED, ELECTROLYTIC ZINC COMPANY OF AUSTRALASIA LIMITED v MINISTER FOR ABORIGINAL AFFAIRS and NORTHERN LAND COUNCIL

G155 of 1984

CORAM: Bowen C.J., Sheppard and Wilcox Jd. 15 February 1985

Sydney.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) G155 of 1984 )

GENERAL DIVISTON )

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALTA

BETWEEN :

PEKO-WALLSEND LIMITED, PEKO EXPLORATION LIMITED, PEKO-WALLSEND OPERATIONS LIMITED, ELECTROLYTIC

ZINC COMPANY OF AUSTRALASIA LIMITED

Appellants AND: MINISTER FOR ABORIGINAL AFFAIRS First Respondent NORTHERN LAND COUNCIL

Second Respondent ORDER

JUDGES MAKING ORDER: Bowen C.J., Sheppard and Wilcox JJ.

WHERE MADE: Sydney DATE: 15 February 1985 THE COURT ORDERS THAT: -

1. The appeal be allowed.

2. The cross-appeal be allowed.

3. The orders made by Beaumont J. be set aside.

4. The decision of the first respondent of 15 March 1983 be