QGC Pty Limited v Bygrave [2011] FCA 1457

FEDERAL COURT OF AUSTRALIA

QGC Pty Limited v Bygrave [2011] FCA 1457 Citation: QGC Pty Limited v Bygrave [2011] FCA 1457

Parties: QGC PTY LIMITED ACN 089 642 553 v LOUISE BYGRAVE, DELEGATE OF THE NATIVE TITLE REGISTRAR, RUSSELL DOCTOR, ELAINE GEORGETOWN, VERONICA JARRETT, RHONDA SANDOW, ROGER KNOX, CYRIL LOGAN AND GARY WOODBRIDGE IN THEIR CAPACITY AS THE REGISTERED NATIVE TITLE CLAIMANT FOR THE BIGAMBUL PEOPLE'S NATIVE TITLE CLAIM (QUD 101 OF 2009), BOB WEATHERALL and NTSCORP LIMITED ACN 098 971 209

File number: QUD 101 of 2011

Judge: REEVES J

Date of judgment: 16 December 2011

Corrigendum: 24 January 2012

Corrigendum: 3 April 2012

Catchwords: ADMINISTRATIVE LAW – judicial review of decision of delegate of National Native Title Registrar not to register an Indigenous Land Use Agreement under Pt 2 Div 3 Subdiv C of the Native Title Act 1993 (Cth) (the Act) NATIVE TITLE – Indigenous Land Use Agreements (ILUAs) – requirements for registration – consideration of the statutory scheme governing ILUAs – consideration of the procedure for registering an area agreement under Subdiv C of the Act – ILUA not certified by representative Aboriginal/Torres Strait Islander body therefore subject to the process under s 24CH of the Act NATIVE TITLE – whether a group of Aboriginal people claiming to hold native title over the ILUA area in conflict with an existing registered native title claim was able to insist on involvement in the authorisation of the ILUA – consideration of Kemp v Native Title Registrar (2006) 153 FCR 38; [2006] FCA 939 – Kemp distinguished – consideration of ss 24CG(3)(b) and 251A – two different groups described with different criteria for membership Held: the expression in s 24CG(3)(b) "all persons who hold or may hold native title" has an expansive and inclusive meaning – the expression in s 251A(a) and (b) "hold or may hold the common or group rights comprising native title" has a confined and exclusive meaning – the delegate of the Native Title Registrar erred by refusing to register the ILUA