Central Queensland Land Council Aboriginal Corporation v Attorney-General of the Commonwealth of Australia and State of Queensland [2002] FCA 58

FEDERAL COURT OF AUSTRALIA

Central Queensland Land Council Aboriginal Corporation v Attorney-General of the Commonwealth of Australia and State of Queensland [2002] FCA 58

CONSTITUTIONAL LAW – Whether amendments made to Queensland Mineral Resources Act are invalid because of failure to satisfy s 24MA of the Native Title Act or inconsistency with Racial Discrimination Act.

NATIVE TITLE –Future acts – Grants of mining tenements – Determinations by Commonwealth Minister concerning activities authorised by Queensland mining legislation – Whether decisions to make determinations were decisions of an "administrative character" reviewable under Administrative Decisions (Judicial Review) Act- Validity of determinations – Whether Commonwealth Minister entitled to take into account Queensland legislation enacted but not yet in force – Significance of statutory reference to "particular" land or waters – Whether provisions in three separate statutes are "law of a State" – Whether Commonwealth Minister erred concerning effect of a saving provision in Queensland statute.

Commonwealth of Australia Constitution s 109 Native Title Act 1993 ss 19, 24AA, 24MA, 24MB, 24MD, 24OA, 26, 26A, 43, 214, 227, 233 Administrative Decisions (Judicial Review) Act 1977 ss 3,5 Acts Interpretation Act 1901 ss 23(b), 46A, 48 Mineral Resources Act 1989 (Qld) ss 392, 393, 421 Native Title (Queensland) Act 1993 (Qld) ss 5, 8 CENTRAL QUEENSLAND LAND COUNCIL ABORIGINAL CORPORATION v ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA, STATE OF QUEENSLAND N 6002 of 2001 WILCOX J 8 FEBRUARY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 6002 of 2001

BETWEEN: CENTRAL QUEENSLAND LAND COUNCIL ABORIGINAL CORPORATION

APPLICANT

AND: ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA