Bullen v State of Western Australia [1999] FCA 1490

FEDERAL COURT OF AUSTRALIA

Bullen v State of Western Australia [1999] FCA 1490

NATIVE TITLE – registration of claims under "old" and "new" Native Title Acts – "old" and "new" rights to negotiate – transitional provisions – amendment of application – application of new registration test to old application by reason of new s 29 notices – consequential amendments of application – duty to consider registration test following amendments – whether amendment of claim excludes application of transitional provisions continuing right to negotiate notwithstanding removal from Register – whether "old" or "new" right to negotiate applies under transitional provisions. Native Title Act 1993 (Cth) s 3, s 28(1), s 253 Native Title Amendment Act 1998 (Cth) s 28 Northern Territory of Australia v Lane (1995) 59 FCR 332, cited Kanak v National Native Title Tribunal (1995) 61 FCR 103, cited North Ganalanja Aboriginal Corporation v the State of Queensland (1996) 185 CLR 595, cited Fourmile v Selpam Pty Ltd (1998) 80 FCR 151, cited Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245, cited Walley v Western Australia (1996) 67 FCR 366, cited MALCOLM JOHN BULLEN and JAMES EDWARD DIMER on behalf of the ESPERANCE NYUNGARS v THE STATE OF WESTERN AUSTRALIA and MINISTER FOR MINERALS AND ENERGY W 108 of 1999

FRENCH J 28 OCTOBER 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 108 OF 1999

BETWEEN: MALCOLM JOHN BULLEN and JAMES EDWARD DIMER on behalf of the ESPERANCE NYUNGARS

Applicant

AND: THE STATE OF WESTERN AUSTRALIA

First Respondent

MINISTER FOR MINERALS AND ENERGY

Second Respondent

JUDGE: FRENCH

DATE OF ORDER: 28 OCTOBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: