Bidjara Aboriginal Housing & Land Company Ltd v Indigenous Land Corporation [2000] FCA 1501

FEDERAL COURT OF AUSTRALIA

Bidjara Aboriginal Housing & Land Company Ltd v Indigenous Land Corporation [2000] FCA 1501 ADMINISTRATIVE LAW - analysis of statutory obligation to grant interest in pastoral lease acquired by the Indigenous Land Corporation - requirement that interest be granted to an Aboriginal or Torres Strait Islander Corporation within a reasonable time of its acquisition - reasonableness of delay - where grant not made pending determination of native title claims in respect of potential grantees - absence of appropriate grantee corporation representing persons with traditional connection with land - relevance of guidelines made in connection with strategies for land acquisition under the Act - stipulation in guidelines of importance that traditional links with land be sustained - relevance of trading and business concerns of potential grantee Aboriginal and Torres Strait Islander Commission Act 1989 ss 191A, 191D, 191F, 191J, 191N, 191Q, 191S Aboriginal Councils and Associations Act 1976 Native Title Act 1993 Administrative Decisions (Judicial Review) Act 1977 s 7 Acts Interpretation Act 1901 (Cth) s 15AB Thornton v Repatriation Commission (1981) 52 FLR 285 Followed Re O'Reilly; Ex Parte Australena Investments Pty Ltd (1984) 58 ALJR 36 Cited Wei v Minister for Immigration, Local Government and Ethnic Affairs (1991) 29 FCR 455 Cited Kimia v Minister for Justice & Customs [2000] FCA 18 Cited BIDJARA ABORIGINAL HOUSING & LAND COMPANY LIMITED v INDIGENOUS LAND CORPORATION Q 209 OF 1999 KIEFEL J BRISBANE 25 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 209 OF 1999

BETWEEN: BIDJARA ABORIGINAL HOUSING AND LAND COMPANY LIMITED

ACN 010 017 955

APPLICANT

AND: INDIGENOUS LAND CORPORATION