State of Western Australia v Native Title Registrar [1999] FCA 1593

FEDERAL COURT OF AUSTRALIA

State of Western Australia v Native Title Registrar & Ors

[1999] FCA 1593

NATIVE TITLE – registration of native title claim – application for review of decision granting registration – whether Native Title Registrar obliged to accord procedural fairness to State in course of deciding to accept claim for registration on the Register of Native Title Claims – the extent of that obligation – compliance with statutory criteria for registration – effect of transitional provisions – sufficiency of identification of area subject to native title – sufficiency of description of native title claim group – whether Registrar's decision unreasonable in the administrative law sense.

ADMINISTRATIVE LAW – Native Title Registrar decided to accept claim for registration on the Register of Native Title Claims - published a set of reasons to the native title claimants – State requested statement in writing of reasons for decision under s 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – native title claimants requested deletion of portions of those reasons before further publication – Registrar acceded to that request – State sought review of that decision – whether Registrar's decision to delete portions of his reasons from version furnished to State was a decision to which the ADJR Act applied – whether appropriate to seek hearing of review of that "decision" simultaneously with hearing of review of the decision to register, which formed the subject matter of the statement of reasons – discussion of more appropriate means of obtaining compliance with s 13 of the ADJR Act.

Administrative Decisions Judicial Review Act 1977 (Cth), ss 3(4), 5(1), 13

Native Title Act 1993 (Cth), ss 64, 66(2),(4), 66A, 84(4), 190A, 190B, 190C

Table A Item 11(9)

Bullen & Ors v The State of Western Australia and Minister for Minerals and Energy [1999] FCA 1490 referred to