Akiba and Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 2) [2006] FCA 1173

FEDERAL COURT OF AUSTRALIA

Akiba and Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 2) [2006] FCA 1173 NATIVE TITLE – parties – joinder – Torres Regional Seas Claim – nationals of Papua New Guinea having traditional connection with parts of the claim area – claim for joinder based on 'interests' of PNG nationals in relation to the pursuit of traditional activities – Torres Strait Treaty – recognition by exchange of notes between governments of certain PNG communities as traditional inhabitants – applicants for joinder not included under Treaty – native title determination proceedings inappropriate vehicle for resolution of disputes between PNG village communities – inappropriate vehicle for advancing case for recognition by executive governments under Treaty – Commonwealth appropriate party to ensure protection of traditional activities of PNG nationals in Torres Strait – joinder application refused on discretionary grounds Native Title Act 1993 (Cth) s 84 Torres Strait Fisheries Act 1984 (Cth) s 8

Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters Article 10(3), Article 12, Article 1 Akiba v State of Queensland (No 1) [2006] FCA 1102 cited Byron Environment Centre Inc v The Arakwal People (1997) 148 ALR 46 cited Kokatha Native Title Claim v The State of South Australia [2005] FCA 836 cited LEO AKIBA, JOSEPH TABITII, GEORGE MYE AND NAPOLEON WARRIA ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM PEOPLE v STATE OF QUEENSLAND AND OTHERS QUD 6040 OF 2001

FRENCH J

8 SEPTEMBER 2006

PERTH (HEARD ON THURSDAY ISLAND) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6040OF 2001