Harris v Great Barrier Reef Marine Park Authority [2000] FCA 603

FEDERAL COURT OF AUSTRALIA

Harris v Great Barrier Reef Marine Park Authority [2000] FCA 603

NATIVE TITLE – registered claim including sea claim – part of sea claim area within Great Barrier Reef Marine Park – application by tourist operators and others to Great Barrier Reef Marine Park Authority for permits for tourist activities, scientific research and other activities – notification of applications given by Authority to registered claimants – whether claimants given sufficient information – whether given an "opportunity to comment" – whether notification had to advise the native title claim area that may be affected

WORDS AND PHRASES – "opportunity to comment" Native Title Act 1993 (Cth) s 24HA(7)(b) Great Barrier Reef Marine Park Act 1975 (Cth) ss 30, 31, 32, 38A Great Barrier Reef Marine Park Regulations (Cth) regs 13AC, 13AF Native Title (Notices)Determination 1998 (Cth) s 8

Landsal Pty Ltd v REI Building Society (1993) 41 FCR 421 at 429-430 applied New Zealand Fishing Industry Association Inc v Minister for Agriculture and Fisheries [1988] 1 NZLR 544 at 551 applied Romeo v Asher (1991) 29 FCR 343 at 349 applied Kelson v Forward (1995) 60 FCR 39 at 63 applied STEWART HARRIS, ESTON SINCLAIR HARRIS (ON BEHALF OF THEMSELVES AND THE GURUBANA GUNGGANDJI PEOPLE OF YARRABAH IN THE STATE OF QUEENSLAND) v GREAT BARRIER REEF MARINE PARK AUTHORITY Q 221 OF 1999 GREAT BARRIER REEF MARINE PARK AUTHORITY v STEWART HARRIS, ESTON SINCLAIR HARRIS (ON BEHALF OF THEMSELVES AND THE GURUBANA GUNGGANDJI PEOPLE OF YARRABAH IN THE STATE OF QUEENSLAND) Q 223 OF 1999 GREAT BARRIER REEF MARINE PARK AUTHORITY v STEWART HARRIS, ESTON SINCLAIR HARRIS (ON BEHALF OF THEMSELVES AND THE GURUBANA GUNGGANDJI PEOPLE OF YARRABAH IN THE STATE OF QUEENSLAND) Q 262 OF 1999

HEEREY, DRUMMOND AND EMMETT JJ 11 MAY 2000 SYDNEY (HEARD IN BRISBANE)