Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coppin v State of Western Australia [1999] FCA 931
NATIVE TITLE – permissible future acts – obligation on Government party to negotiate in good faith – proposal to grant mining tenements – Government party had not negotiated in good faith or at all – native title parties sought determinations from National Native Title Tribunal that proposed future acts not be done – Tribunal dismissed those applications on basis that it lacked jurisdiction – whether discharge of Government party's obligation to negotiate in good faith is a jurisdictional prerequisite to Tribunal hearing applications for future act determination – whether identity of person making application is of any relevance to that question.
Native Title Act 1993 (Cth) ss 29, 31(1)(b), 35, 148
Native Title Amendment Act 1998 (Cth)
Fejo v Northern Territory (1998) 156 ALR 721 referred to
North Ganalanja Aboriginal Corporation v Queensland (1996) 185 CLR 595 referred to
Walley v Western Australia (1996) 67 FCR 366 applied
Risk v Williamson (1998) 155 ALR 393 followed
Meyers v Casey (1913) 17 CLR 90 referred to
Holden v Nuttall [1945] VLR 171 referred to
Cook v Crawford (1982) 43 ALR 83 referred to
PETER COPPIN ON BEHALF OF THE NJAMAL PEOPLE & ORS v
THE STATE OF WESTERN AUSTRALIA and THE NATIONAL NATIVE
TITLE TRIBUNAL
W 3 of 1999
CARR J
8 JULY 1999
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 3 of 1999
BETWEEN: PETER COPPIN on behalf of the NJAMAL PEOPLE
EDDIE McPHEE on behalf of the NJAMAL PEOPLE
DONALD and SYLVIA COLLARD
EDDIE McPHEE, PETER COPPIN, TEDDY ALLEN,
JOHNSON and TONY TAYLOR, ERIC SNOOK, LENNIE STREAM and DAN MURPHY on behalf of the NJAMAL PEOPLE
Applicants
AND: THE STATE OF WESTERN AUSTRALIA
First Respondent
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