Brierley on behalf of the Walbunja People v Minister for Land & Water Conservation (NSW) [2002] FCA 1209

FEDERAL COURT OF AUSTRALIA

Brierley on behalf of the Walbunja People v Minister for Land & Water Conservation (NSW) [2002] FCA 1209 BRIERLEY ON BEHALF OF THE WALBUNGA PEOPLE v THE MINISTER FOR LAND AND WATER CONSERVATION & ORS NG 6046 of 1998 VIVIENNE ANNE MASON AND RONALD MASON ON BEHALF OF THE DJIRNGANJ PEOPLE v THE MINISTER FOR LAND AND WATER CONSERVATION & ORS NG 6080 of 1998 EMMETT J 13 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 6046 OF 1998

BETWEEN: JOHN BRIERLEY ON BEHALF OF THE WALBUNJA PEOPLE

APPLICANT

AND: THE MINISTER FOR LAND AND WATER CONSERVATION for the State of New South Wales & Others

FIRST RESPONDENT

AND OTHERS JUDGE: EMMETT J

DATE OF ORDER: 13 SEPTEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. pursuant to s 84(5) of the Native Title Act 1993 (Cth)("the Act"), New South Wales Native Title Services Limited, the body enable to perform functions of a native title representative body for the State of New South Wales, in accordance with the provisions of the Act, be joined as a party to proceeding; 2. in accordance with the provision of s 84(7) of the Act, the New South Wales Aboriginal Land Council, formerly the native title representative body for the State of New South Wales, be given leave to withdraw as a party to the proceeding; 3. the National Native Title Tribunal report no later than 31 January 2003 as to the progress of the mediations presently before us in relation to these two claims; and 4. the notice of motion of Mr John Broomhead filed 26 March 2002 be stood over until 7 February 2003 for hearing and argument. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA