Federal Court of Australia
Federal Court of Australia
Queensland Rifle Association Inc v State of Queensland [2021] FCA 110 File number(s): QUD 571 of 2019
Judgment of: O'BRYAN J
Date of judgment: 17 February 2021
Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) – negative determination – subject land used as a rifle range – whether within power and appropriate for Court to make orders sought – application granted
Legislation: Native Title Act 1993 (Cth) ss 13, 61, 66, 81, 86G, 225 and 253
Cases cited: Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 CG (Deceased) on behalf of the Badimia People v State of Western Australia (2016) 240 FCR 466 Kanak v Minister for Land and Waters (2000) 106 FCR 31 Mace v State of Queensland (2019) 274 FCR 41 Worimi (aka Gary Dates) v Worimi Local Aboriginal Land Council (2010) 181 FCR 320
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 34
Date of hearing: 17 February 2021
Counsel for the applicant: S Robb
Solicitor for the applicant: Gadens Lawyers
Counsel for the respondent: E Longbottom QC
Solicitor for the respondent: G R Cooper, Crown Solicitor
ORDERS QUD 571 of 2019
BETWEEN: QUEENSLAND RIFLE ASSOCIATION INCORPORATED Applicant
AND: STATE OF QUEENSLAND Respondent
order made by: O'BRYAN J DATE OF ORDER: 17 FEBRUARY 2021
THE COURT DETERMINES AND DECLARES THAT:
1. Native title does not exist in relation to Lot 190 on Crown Plan ML604 in the Parish of Pratten, Queensland. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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