Watts Taylor, James (on behalf of The Kalkadoon People) v North Queensland Electricity Commission & Anor [1996] FCA 913

CATCHWORDS INTERLOCUTORY INJUNCTION - application for interlocutory injunction to prevent construction of a power transmission line by the first respondent under the authority of the Electricity Act 1994 (Qld) upon or over land and waters the subject of the applicant's native title claim - arguable case conceded - whether balance of convenience favours grant of injunction. INTERLOCUTORY INJUNCTION - balance of convenience - relevant considerations - low risk of irreparable harm by power line construction to sites of significance to the native title claimants which had not already been identified by the first respondent, its consultants and those members of the group on behalf of which native title was claimed who had worked with those consultants on cultural and heritage clearance work - high risk if injunction granted of substantial, non-compensable loss to first respondent - relevance of fact third parties likely to be detrimentally affected by grant of injunction - relevance of delay on part of applicant in putting himself forward to be involved in the first respondent's cultural heritage clearance work and delay in bringing proceedings. NATIVE TITLE - whether s 101 the Electricity Act and construction of the power line are "impermissible future acts" within ss 235 and 236 the Native Title Act 1993 (Cth) - whether native title owners of land are exposed to any greater disadvantage than a freehold owner of that same land. Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 (Qld) - ss 33, 56 Electricity Act 1994 (Qld) - s 101, 114, 116 Federal Court of Australia Act 1976 (Cth) - s 23 Native Title Act 1993 (Cth) - ss 22, 23, 26, 28, 31, 74, 79, 213, 227, 235, 236, 253 JAMES WATTS TAYLOR on behalf of THE KALKADOON PEOPLE v NORTH QUEENSLAND ELECTRICITY COMMISSION & ANOR QG 6001 OF 1996 DRUMMOND J BRISBANE 18 OCTOBER 1996