Chapman v Minister for Land & Water Conservation for the State of New South Wales [2000] FCA 1114

FEDERAL COURT OF AUSTRALIA

Chapman v Minister for Land and Water Conservation for the State of New South Wales [2000] FCA 1114 NATIVE TITLE – parties – application for removal – whether certain respondents are persons whose interests may be affected by a determination in the proceeding merely because they have a public right of access over, or use of, any of the area covered by the application ("Claimed Area") – whether the rights of persons possessing title to land adjoining Claimed Area are affected merely because those persons have a public right of access over, or use of, adjoining Claimed Area – whether the interests of all persons who are parties to the proceeding because those persons have a public right of access over, or use of, the Claimed Area will be properly represented in the proceeding Native Title Act 1993 (Cth) s 84 Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 applied DANNY CHAPMAN, RON NYE & NEWTON CARRIAGE v MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES AS STATE MINISTER UNDER THE NATIVE TITLE ACT 1993 (CTH) & ORS NG 6049 of 1998 EMMETT J 28 JULY 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 6049 OF 1998

BETWEEN: DANNY CHAPMAN, RON NYE & NEWTON CARRIAGE

APPLICANTS

AND: MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES AS STATE MINISTER UNDER THE NATIVE TITLE ACT 1993 (CTH)

FIRST RESPONDENT COMMONWEALTH OF AUSTRALIA SECOND RESPONDENT EUROBODALLA SHIRE COUNCIL THIRD RESPONDENT NEW SOUTH WALES ABORIGINAL LAND COUNCIL FOURTH RESPONDENT MERVYN PENRITH AND JOHN MUMBULLA FIFTH RESPONDENTS VIVIENNE MASON SIXTH RESPONDENT THE OAKS RANCH AND COUNTRY CLUB SEVENTH RESPONDENT WEANDA PTY LIMITED, DAVID WEBB EIGHTH RESPONDENTS NSW ABALONE PTY LIMITED NINTH RESPONDENT JEAN MARY BAKER & JOHN CHARLES BAKER, JUDITH BRADFORD & RODNEY BRADFORD, GORDON LLEWELLYN BRAY, JOSEPH DYSON-FIRTH, PETER GRAHAM QC, DIANA MAY HARPER, LESLIE FRANCIS HORDERN & MARSDEN CARR HORDERN, GEOFFREY THOMAS HORE & MARGARET NARELLE HORE, ANN LOUISE HOWARTH & BRAVEN WARD HOWARTH, CHARLES THOMAS HOY, BRYAN FRANK MATTHEWS, BETH MILNE, JOHN MORLEY, ROSEDALE BOATSHEDS PTY LIMITED, TRUSTEES OF THE URSULINE NUNS OF THE ROMAN UNION OF URSULINES, WYDON PTY LIMITED TENTH RESPONDENTS JUDGE: EMMETT J