Birri Gubba v State of Queensland [2003] FCA 276

FEDERAL COURT OF AUSTRALIA

Birri Gubba v State of Queensland [2003] FCA 276

NATIVE TITLE - whether the habitual engagement in unlawful activity within claim area without any action by the responsible authority to suppress that activity sufficient to show that the person's interests may be affected by a determination of native title so as to entitle the person to be a party to the native title determination proceeding. FISHING - whether s 62(1) the Nature Conservation Act 1992 (Qld) prohibits commercial fishing under licences issued under the Fisheries Act 1994 (Qld) in Queensland national parks

Native Title Act 1993 (Cth) ss 84 and 253 Nature Conservation Act 1992 (Qld) ss 57, 62 and 175 Acts Interpretation Act 1954 (Qld) s 11(b), 33 and 35E

Fisheries Regulation 1995 (Qld) ss 30, 40, 52 and 54 Nature Conservation Regulation 1994 (Qld) ss 23, 27, Sch 2 Pt 2 and Ch 2 Pt 1

Members of the Yorta Yorta Aboriginal Community v State of Victoria (1996) 1 AILR 402 Re Gunai People (1997) 2 AILR 265 Byron Environment Centre Incorporated v Arakwal People (1997) 78 FCR 1 Combined Mandingalbay Yidinji-Gunggandji Claim v State of Queensland [2002] FCA 730 BIRRI GUBBA (CAPE UPSTART CLAIM) v STATE OF QUEENSLAND AND OTHERS QG 6249 OF 1998 DRUMMOND J 28 MARCH 2003 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6249 OF 1998

BETWEEN: BIRRI GUBBA (CAPE UPSTART CLAIM)

APPLICANT

AND: STATE OF QUEENSLAND AND OTHERS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 28 MARCH 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. AF Griggs and WG Porter be joined as parties to these proceedings.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6249 OF 1998