Byron Environment Centre Inc v The Arakwal People [1997] FCA 797

FEDERAL COURT OF AUSTRALIA NATIVE TITLE - appeal from decision of presidential member of the National Native Title Tribunal ("the Tribunal") refusing a request by the Byron Environment Centre Incorporated ("the Centre") under s 68(2) of the Native Title Act 1993 ("the Act") to be a party in relation to an application for a determination of native title - nature and extent of the interest required to entitle a person to participate as a party in the negotiation of a claim to native title under the Act - whether the word "interests" in s 68(2)(a) of the Act has the same meaning as it does in s 253 so that the class of persons entitled to be a party under s 68(2)(a) is limited to persons who have an "interest" as defined in s 253 in relation to the land and waters the subject of the determination - relevance of the principles of decisions as to standing - whether the Centre has a sufficient interest to become a party to the proceedings before the Tribunal - whether the matter should be remitted to the Tribunal to determine the question of standing. NATIVE TITLE - appeal from decision of presidential member of Tribunal refusing a request by the Centre under s 68(2) of the Act to be a party in relation to an application for a determination of native title - whether it is a condition precedent to the exercise by the Tribunal of its power under s 69 to decide whether a person has interests which may be affected by a determination that a party raises the point. WORD AND PHRASES - "the person's interests may be affected". Native Title Act 1993 ss 66, 68, 69(1), 84(2), 167(4), 168(2)(c), 169(3), 253 Alphapharm Pty Ltd v SmithKline v Beecham (Australia) Pty Ltd (1994) 49 FCR 250,applied Right to Life Association (NSW) Inc v Secretary, Department of Human Services and Health (1995) 56 FCR 50, considered Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493, applied Onus v Alcoa of Australia Ltd (1981) 149 CLR 27, applied Members of the Yorta Yorta Aboriginal Community v State of Victoria (1996) 1 AILR 402, applied Re an application for a native title determination by Gunai People (French J, 17 January 1997, unreported), applied United States Tobacco Company v Minister for Consumer Affairs (1988) 20 FCR 520, considered Members of the Yorta Yorta Aboriginal Community v State of Victoria (Olney J, 7 June 1996, unreported), considered Re McHatten and Collector of Customs (1977) 18 ALR 154, considered BYRON ENVIRONMENT CENTRE INCORPORATED v THE ARAKWAL PEOPLE & ORS NG 6000 of 1996 BLACK CJ, LOCKHART and MERKEL JJ. SYDNEY 20 AUGUST 1997