Jack Woodridge on behalf of the Gomilaroi People v Minister for Land & Water Conservation for the State of New South Wales, State Minister Under the Native Title Act 1993 (Cth) & Ors [2001] FCA 419

FEDERAL COURT OF AUSTRALIA

Jack Woodridge on behalf of the Gomilaroi People v Minister for Land & Water Conservation for the State of New South Wales, State Minister Under the

Native Title Act 1993 (Cth) & Ors

[2001] FCA 419

NATIVE TITLE – whether New South Wales Farmers' Association Limited party to present proceeding – where Native Title Act 1993 (Cth) s 84(3)(a)(iii) requires person seeking to become party to proceeding for determination of native title to demonstrate interests which may be affected by that determination – whether "interests" under s 84(3)(a)(iii) limited to "interest, in relation to land or waters" within meaning of Native Title Act 1993 (Cth) s 253 – where statutory predecessor to s 84(3)(a)(iii) held not to be so limited in Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 – whether Byron deprived of precedential effect by amendments to Native Title Act 1993 (Cth) – whether Parliament by reproducing terms given particular operation in Byron may be taken to have intended reproduced terms to have that operation – where legislative materials do not disclose contrary intention – whether representative organisation can have relevant interests indirectly by virtue of members' interests – whether organisation has relevant interests where it conducts activities which may be curtailed, significantly affected or otherwise affected by native title determination – whether objects of organisation generate relevant interests or mere intellectual concern. Native Title Act 1993 (Cth) ss 14(2)(b), 19(2)(b), 23B(9C), 66(3)(a)(iii), 68(2)(a), 84(1), 84(3)(a)(i), 84(3)(a)(iii), 84(3)(b), 84B, 136C, 190B(7)(b), 190D(4)(b), 226(2)(c), 228(6)(a), 249C(1)(b), 253 Native Title Amendment Act 1998 (Cth) Native Title (Federal Court) Regulations 1998 (Cth), reg 6, Sch, Fm 5 Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 followed Te v Minister for Immigration & Ethnic Affairs (1999) 88 FCR 264 referred to Carr v Finance Corporation of Australia [No 1] (1981) 147 CLR 246 referred to Chapman v Minister for Land and Water Conservation for the State of New South Wales [2000] FCA 1114 (28 July 2000, unreported) referred to Re an Application for a Native Title Determination by the Gunai People [1997] NNTTA 2 (17 January 1997, unreported) referred to JACK WOODRIDGE ON BEHALF OF THE GOMILAROI PEOPLE v MINISTER FOR LAND & WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES, STATE MINISTER UNDER THE NATIVE TITLE ACT 1993 (CTH) & ORS NG 6092 of 1998 KATZ J 11 APRIL 2001 SYDNEY