North Ganalanja Aboriginal Corporation & Anor v The State of Queensland & Anor [1995] FCA 869

CATCHWORDS Aboriginals - Land rights - At common law - Whether common law native title extinguished by pastoral leases - Effect of Queensland legislation under which leases granted considered. Aboriginals - Land rights - Recognition in accordance with Native Title Act 1993 - Native Title determination application - Requirement of satisfaction of presidential member of National Native Title Tribunal "that a prima facie claim can be made out" considered - Who may be heard by presidential member - Decision of presidential member not to accept native title determination application not an exercise of judicial power of the Commonwealth.

Native Title Act 1993 (Cth) Pastoral Leases Act 1869 (Qld) Pastoral Leases Extension Act 1890 (Qld) Land Act 1897 (Qld) Land Act 1902 (Qld) NORTH GANALANJA ABORIGINAL CORPORATION and BIDANGGU ABORIGINAL CORPORATION for and on behalf of the WAANYI PEOPLE v. THE STATE OF QUEENSLAND and CRA EXPLORATION PTY LTD

QG34 of 1995 Jenkinson, Lee and Hill JJ. Melbourne 1 November, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. QG34 of 1995 GENERAL DIVISION ) RE: NORTH GANALANJA ABORIGINAL CORPORATION and BIDANGGU ABORIGINAL CORPORATION for and on behalf of the WAANYI PEOPLE Applicants THE STATE OF QUEENSLAND First Respondent CENTURY ZINC LIMITED and CRA EXPLORATION PTY LTD Second Respondents CORAM: Jenkinson, Lee and Hill JJ. PLACE: Melbourne DATE: 1 November, 1995 MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The respondents' costs of the appeal (including costs reserved) be paid by the applicants. (Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. QG34 of 1995 GENERAL DIVISION ) RE: NORTH GANALANJA ABORIGINAL CORPORATION and BIDANGGU ABORIGINAL CORPORATION for and on behalf of the WAANYI PEOPLE Applicants THE STATE OF QUEENSLAND First Respondent CENTURY ZINC LIMITED and CRA EXPLORATION PTY LTD Second Respondents CORAM: Jenkinson, Lee and Hill JJ. PLACE: Melbourne DATE: 1 November, 1995 REASONS FOR JUDGMENT JENKINSON J. Appeal from a decision of a presidential member of the National Native Title Tribunal to not accept the applicants' native title determination application. Division 1 of Part 3 of the Native Title Act 1993 ordains procedures for the consideration by the National Native Title Tribunal ("Native Title Tribunal") of an application for a determination of native title in relation to an area for which there is no approved determination of native title. Section 225 of the Native Title Act 1993 provides: