Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479
NATIVE TITLE – Agreement on the Register of Indigenous Land Use Agreements under the Native Title Act 1993 (Cth) s 199A – power of Court under the Native Title Act 1993 (Cth) s 87 to make orders in, or consistent with, the order proposed by the parties – exercise of Court's discretion under the Native Title Act 1993 (Cth) s 87 Native Title Amendment Act 1998 (Cth) Sch 5 Pt 3 Native Title Act 1993 (Cth) ss 24EA, 87, 199A Federal Court Rules (Cth) O 6 r 10, O 45 r 5 Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229, referred to Congoo v State of Queensland [2001] FCA 868, cited LORNA KELLY and LINDA VIDLER on behalf of the BYRON BAY BUNDJALUNG PEOPLE v NEW SOUTH WALES ABORIGINAL LAND COUNCIL, MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES and TELSTRA CORPORATION LIMITED NG 6088 of 1998 BRANSON J SYDNEY 23 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG6088 of 1998
BETWEEN: LORNA KELLY and LINDA VIDLER on behalf of the BYRON BAY BUNDJALUNG PEOPLE
APPLICANTS
AND: NEW SOUTH WALES ABORIGINAL LAND COUNCIL
FIRST RESPONDENT
MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES
SECOND RESPONDENT
TELSTRA CORPORATION LIMITED
THIRD RESPONDENT
JUDGE: BRANSON J
DATE: 23 OCTOBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The application in this matter was lodged in the National Native Title Tribunal ("the Tribunal") on 12 December 1997. The applicants were Lorna Kelly, Linda Vidler and Yvonne Graham. The applicants were at that time represented by the New South Wales Aboriginal Land Council. They claimed to hold title to certain land in the location of Byron Bay, New South Wales, with '[t]hose members of the Arakwal people of the Bundjalung Nation who are affiliated with the area which includes the land which is the subject of this application." 2 The land covered by the application was described as follows:
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