QGC Pty Limited v Bygrave (No 2) [2010] FCA 1019

FEDERAL COURT OF AUSTRALIA

QGC Pty Limited v Bygrave (No 2) [2010] FCA 1019

Citation: QGC Pty Limited v Bygrave (No 2) [2010] FCA 1019

Parties: QGC PTY LIMITED ACN 089 642 553 v LOUISE BYGRAVE, DELEGATE OF THE NATIVE TITLE REGISTRAR and RUSSELL TATOW, PATRICK SILVESTER, CYNTHIA KEMP, EVE FESL, TROY NOBLE, FRED TULL, FERGUS WATERTON, RICHARD DOYLE AND MADONNA BARNES ON BEHALF OF THE IMAN PEOPLE #2 and QUEENSLAND SOUTH NATIVE TITLE SERVICES LIMITED

File number: QUD 147 of 2010

Judge: REEVES J

Date of judgment: 17 September 2010

Corrigendum: 22 September 2010

Catchwords: ADMINISTRATIVE LAW – judicial review – decision of Delegate of National Native Title Registrar not to give notices of an Indigenous Land Use Agreement (ILUA) under s 24CH of the Native Title Act 1993 (Cth) – whether decision within the terms of s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – consideration of whether the decision was made under an enactment – Held that the plain language and statutory context of s 24CH indicated that the Delegate was not expressly or impliedly required or authorised under s 24CH to make any decision about whether the ILUA met the prerequisite provisions of the Native Title Act 1993 (Cth) before giving notice of it in accordance with s 24CH – the decision was therefore not a decision under an enactment – however decision reviewable under s 39B of the Judiciary Act 1903 (Cth)

NATIVE TITLE – Indigenous Land Use Agreements (ILUA) – requirements for registration – Delegate concluded that an agreement was not an ILUA under the Native Title Act 1993 (Cth) because one of the nine persons comprising the registered native title claimant (RNTC) had refused to sign it and therefore this person was not a party to the agreement contrary to s 24CD of the Native Title Act 1993 (Cth)