Northern Territory of Australia v Doepel [2003] FCA 1384

FEDERAL COURT OF AUSTRALIA

Northern Territory of Australia v Doepel [2003] FCA 1384 NATIVE TITLE – application to review decision of Native Title Registrar to accept application for registration under s 190A of Native Title Act 1993 – consideration of requirements of ss 190B and 190C – whether description of composite native title claim group comprising several language groups requires Registrar to look beyond application in addressing the requirement of s 190C(2) – whether information otherwise available to suggest claim group is larger than specified claim groups requires Registrar to look beyond the application in addressing requirement of s 190C(2) – whether Registrar was required to be satisfied in fact of due authorisation of native title claimants or only of matters referred to in s 62(1) in addressing requirement of s 190C(2) – whether Registrar, upon being satisfied of certification under s 190C(4)(a), also required to address separately whether authorisation of application had in fact been given under s 251B – whether affidavits filed in support of native title application satisfied requirements of s 190C(2) and s 62 – whether description of claimed native title rights and interests in application, and material available to the Registrar, could satisfy requirement of s 190B(2) – whether Registrar properly considered the requirements of s 190B(4) – whether, in addressing the requirements of s 190B(5), Registrar may have regard to material in application – consideration of nature of material required to satisfy requirement of s 190B(5) – whether s 190B(5) and s 62(2)(e) require Registrar to address each of the claimed native title rights and interests separately and additionally to the particular matters specified by s 62(2)(e)(i) (ii) and (iii) – whether Registrar erred in not determining finally the applicability of s 47B when addressing the requirement of s 190B(6) – whether Registrar erred in addressing requirements of s 190B(8) and (9).