Waldron v State of Queensland [1999] FCA 1195

FEDERAL COURT OF AUSTRALIA

Waldron v State of Queensland [1999] FCA 1195

NATIVE TITLE - non-claimant native title application - claim to land grant in one area to replace land in another area in respect of which applicant claimed his clan group once had native title that had previously been extinguished - no power under Native Title Act 1993 (Cth) to give any relief sought - dismissal of application Native Title Act 1993 (Cth), ss 61, 253 BARRY JULIAN (JOHN) WALDRON v STATE OF QUEENSLAND & ORS QG 6234 OF 1998 DRUMMOND J 6 AUGUST 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6234 OF 1998

BETWEEN: BARRY JULIAN (JOHN) WALDRON

Applicant

AND: STATE OF QUEENSLAND & OTHERS

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 6 AUGUST 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed.

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 6234 OF 1998

BETWEEN: BARRY JULIAN (JOHN) WALDRON

Applicant

AND: STATE OF QUEENSLAND & OTHERS

Respondent

JUDGE: DRUMMOND J

DATE: 6 AUGUST 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT

1 This is an application by Mr Waldron, who seeks a determination under s 61 the Native Title Act 1993 (Cth) with respect to the non-native title interest he says he holds in relation to a certain area described in his application. The application seeks as the primary relief an order that certain land within Queensland be awarded by way of a land grant to the descendants of two clan or family groups to replace their entitlement to native title land in Papua lost to them as a consequence of Crown lease extinguishment. The application also seeks an order that the land in question be awarded to the descendants of the clan or family groups mentioned in the application to replace their entitlement to native title land in the Torres Strait region said to be lost as a consequence of displacement. 2 On 16 June 1999, when the matter came before me, the Cape York Land Council presented an argument that Mr Waldron's application should be struck out as not disclosing any sustainable claim to any relief within the power of the Court to grant under the Native Title Act. I then gave directions to ensure the parties would have an opportunity to put their submissions to me in written form, and that has been done. I have made those submissions exhibits. 3 Under s 61(1) the Native Title Act, an application may be made by: