The State of Western Australia & Ors v Minister for Aboriginal & Torres Strait Islander Affairs of the Commonwealth of Australia [1995] FCA 23

C A T C H W O R D S ABORIGINES - Aboriginal Heritage - Administrative Law - Judicial Review - Significant Aboriginal area - Emergency declarations and more permanent declaration made by Minister to protect area - Whether the Minister in making declarations breached the rules of natural justice - Whether procedural fairness required reasonable notice of proposed emergency declarations to be given to owner and lessees of area - Whether reasonable opportunity should have been given to those persons to make submissions to Minister - Whether any evidence to justify making declarations - Whether decision to make declarations manifestly unreasonable - Whether error of law - Area the subject of special lease from State for development and use as a crocodile farm - State Minister for Aboriginal Affairs consented to such development and use - Whether State and State Ministers "persons aggrieved" by decisions to make declarations - Relief - Whether appropriate to grant declaratory relief in respect of emergency declarations whose term had expired. Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) ss. 3, 4, 9, 10, 11, 13, 14, 15 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss.5, 16 Aboriginal Heritage Act 1972 (W.A.) ss 17, 18 Australian Broadcasting Tribunal v. Bond (1990) 170 CLR 321 Tickner v. Bropho (1993) 40 FCR 183 Kioa v. West (1985) 159 CLR 550 McVeigh v. Willarra Pty Ltd (1985) 6 FCR 857 Marine Hull and Liability Insurance Co Ltd v. Hurford (1985) 10 FCR 234 Durayappah v. Fernando [1967] 2 AC 337 Hodgens v. Gunn [1988] 1 Qd. R 1 de Verteuil v. Knaggs [1918] AC 557 Minister for Aboriginal Affairs v. Peko Wallsend Ltd (1986) 162 CLR 24 South Australia v. O'Shea (1987) 163 CLR 378 Ansett Transport Industries (Operations) Pty Ltd v. Wraith (1983) 48 ALR 500 Arm Constructions Pty Ltd v. Commissioner of Taxation (1986) 10 FCR 197 Our Town FM Pty Ltd v. Australian Broadcasting Tribunal (1987) 16 FCR 465 Faulkner v. Conwell (1988) 21 FCR 41 Perry v. Director of Public Prosecutions (1985) 6 FCR 578 La Roche v. Cormack (1991) 33 FCR 414 Beitseen v. Johnson (1989) 29 IR 336 THE STATE OF WESTERN AUSTRALIA, MINISTER FOR LANDS OF THE STATE OF WESTERN AUSTRALIA, MINISTER FOR ABORIGINAL AFFAIRS OF THE STATE OF WESTERN AUSTRALIA v. MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA Nos WAG 26, 39 and 53 of 1994 MALCOLM McDONALD DOUGLAS AND VALERIE ANNE DOUGLAS v. MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS Nos. WAG 25, 40 and 45 of 1994 MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA v. THE STATE OF WESTERN AUSTRALIA, MINISTER FOR LANDS OF THE STATE OF WESTERN AUSTRALIA AND MINISTER FOR ABORIGINAL AFFAIRS OF THE STATE OF WESTERN AUSTRALIA No. WAG 55 of 1994 CARR J PERTH 7 FEBRUARY 1995