Mualgal People v State of Queensland & Ors [1998] FCA 1718

FEDERAL COURT OF AUSTRALIA NATIVE TITLE - whether ss 55, 56 and 57 the Native Title Act 1993 (Cth) operate to prevent the Court making a determination under s 87 in circumstances where applicants intend that native title interests will be held by common law holders and not held on trust and where common law holders not presently in a position to nominate a prescribed body corporate for the purposes of performing the functions mentioned in s 57(3). Native Title Act 1993 (Cth), ss 55, 56, 57, 87 Native Title (Prescribed Bodies Corporate) Regulations (Cth) Native Title Amendment Act 1998 (Cth), cll 14(5) and 14(6) of Pt 5 of Sch 5, cl 16 of Sch 2 Ben Ward v State of Western Australia (Lee J, unreported, 24 November 1998), applied MUALGAL PEOPLE v STATE OF QUEENSLAND & OTHERS QG 6035 OF 1998 DRUMMOND 24 DECEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6035 of 1998

BETWEEN: MUALGAL PEOPLE

Applicants

AND: STATE OF QUEENSLAND & OTHERS

Respondents

JUDGE: DRUMMOND J

DATE OF ORDER: 24/12/98

WHERE MADE: BRISBANE

THE COURT declares THAT:

1. On the proper construction of the relevant provisions of the Native Title Act 1993 (Cth) it is not necessary for the Court to make, simultaneously with a determination under s 55, determinations within s 56(2)(b) or (c) or within s 57(2), provided the Court simultaneously with the making of a determination under s 55 commences to implement the procedure in s 56(2) and, if appropriate in the circumstances of the particular case, the procedure in s 57(2).

2. There be no order as to costs.

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 QG 6035 of 1998

BETWEEN: MUALGAL PEOPLE