Mitakoodi / Juhnjlar People v State of Queensland [2000] FCA 156

FEDERAL COURT OF AUSTRALIA

Mitakoodi/Juhnjlar People v State of Queensland [2000] FCA 156

NATIVE TITLE – stay of proceedings – right to negotiate – future acts – intermediate period acts Judicial Review Act 1991 (Qld) Native Title Act 1993 (Cth) Mineral Resources Act (1989) (Qld) s 279(1) s 286(3) Native Title Amendment Act 1998 Federal Court of Australia Act 1976 s 23 Native Title (Queensland) Act 1993 Native Title (Queensland) State Provisions Act 1998 The Wik Peoples v The State of Queensland (1996) 187 CLR 1 Cons North Ganalanja Aboriginal Corporation v The State of Queensland (1996) 185 CLR 595 (the Wannyi case) Appr The Wik Peoples v The State of Queensland (1994) 49 FCR 1 Appl The Native Title Act case (1995) 183 CLR 373 Cons

THE MITAKOODI/JUHNJLAR PEOPLES v STATE OF QUEENSLAND, TOM GILMORE, MINISTER FOR MINES AND ENERGY, TONY McGRADY, FORMERLY MINISTER FOR MINERALS AND ENERGY & ERNEST HENRY MINING PTY LTD SPENDER J 18 FEBRUARY 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 190 OF 1997

BETWEEN: THE MITAKOODI/JUHNJLAR PEOPLE

Applicant

AND: STATE OF QUEENSLAND

First Respondent

TOM GILMORE, MINISTER FOR MINES AND ENERGY

Second Respondent

TONY McGRADY, FORMERLY MINISTER FOR MINERALS AND ENERGY

Third Respondent

ERNEST HENRY MINING PTY LTD [ACN 008 495 574]

Fourth Respondent

JUDGE: SPENDER J

DATE OF ORDER: 18 FEBRUARY 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The proceedings be stayed, until further order 2. Costs be reserved. 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 190 OF 1997