Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Watson on behalf of Nyikina & Mangala v Backreef Oil Pty Ltd [2013] FCA 1432 Citation: Watson on behalf of Nyikina & Mangala v Backreef Oil Pty Ltd [2013] FCA 1432
Appeal from: Application for extension of time for leave to appeal: Backreef Oil Pty Ltd and Oil Basins Ltd/JW (name withheld) and Ors on behalf of Nyikina and Mangala/Western Australia [2013] NNTTA 9
Parties: JOHN WATSON AND OTHERS ON BEHALF OF NYIKINA & MANGALA v BACKREEF OIL PTY LTD (ACN 116 221 286) and OIL BASINS LTD (ACN 006 024 764) and STATE OF WESTERN AUSTRALIA
File number(s): WAD 80 of 2013
Judge(s): SIOPIS J
Date of judgment: 23 December 2013
Catchwords: NATIVE TITLE – future act – appeal under s 169 of the Native Title Act 1993 (Cth) – whether there should be an extension of time within which to appeal on a question of law – whether the Tribunal took into account relevant considerations – whether in making its determination the Tribunal was obliged to adopt the "precautionary principle" – whether the Tribunal had taken into account the strength of the native title party's belief that if significant sites were damaged persons comprising the native title party would suffer serious harm.
Legislation: Native Title Act 1993 (Cth) ss 38, 38(1), 38(1)(c), 39, 39(1)(a), 39(1)(b), 39(1)(c), 169, 169(1), 169(4), 169(4)(a) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Franks and Lester for the Plains Clan of the Wonnarua People v Native Title Tribunal [2011] FCA 1530 Minister for Immigration v Wu Shan Liang (1996) 185 CLR 259 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Cheedy on behalf of the Yindjibarndi People v Western Australia [2010] FCA 690 Minister for Immigration and Citizenship v Li (2013) 297 ALR 225 Leatch v National Parks and Wildlife Service and Shoalhaven City Council (1993) 81 LGERA 270 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
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