Kemp v Native Title Registrar [2006] FCA 939

FEDERAL COURT OF AUSTRALIA

Kemp v Native Title Registrar [2006] FCA 939

NATIVE TITLE – judicial review of decision of Native Title Registrar to register indigenous land use agreement – area agreement – objection to registration by applicant – whether requirements for registration in s 24CG(3)(b) met – authorisation process where competing claims to hold native title in relation to land or waters in the area – meaning of 'all persons who hold or may hold native title in relation to land or waters in the area covered by the agreement' in s 24CG(3)(b)(i) – whether applicant, as a person who may hold native title in the area, required to authorise the agreement – Registrar's decision to register agreement set aside Aboriginal Councils and Association Act 1976 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Native Title Act 1993 (Cth) ss 24, 24CG, 24CL, 251A Davis-Hurst v Minister for Land and Water Conservation (NSW) (2003) 198 ALR 315 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited KEITH KEMP v NATIVE TITLE REGISTRAR, MINISTER FOR LANDS FOR THE STATE OF NEW SOUTH WALES, MINISTER FOR THE ENVIRONMENT FOR THE STATE OF NEW SOUTH WALES, DIRECTOR-GENERAL OF THE DEPARTMENT OF THE ENVIRONMENT AND CONSERVATION, PATRICIA DAVIS-HURST AS APPLICANT FOR THE SALTWATER PEOPLE, SALTWATER TRIBAL COUNCIL (ABORIGINAL CORPORATION) AND GREATER TAREE CITY COUNCIL NSD 35 of 2006 BRANSON J 25 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 35 of 2006

BETWEEN: KEITH KEMP

APPLICANT

AND: NATIVE TITLE REGISTRAR

FIRST RESPONDENT

MINISTER FOR LANDS FOR THE STATE OF NEW SOUTH WALES

SECOND RESPONDENT

MINISTER FOR THE ENVIRONMENT FOR THE STATE OF NEW SOUTH WALES