Charlie on behalf of the North Eastern Peninsula Sea Claim Group v State of Queensland (No 2) [2024] FCA 612

Federal Court of Australia

Charlie on behalf of the North Eastern Peninsula Sea Claim Group v State of Queensland (No 2) [2024] FCA 612 File number: QUD 115 of 2017

Judgment of: RANGIAH J

Date of judgment: 13 June 2024

Catchwords: NATIVE TITLE – determination of separate question – extinguishment of native title – whether special leases were invalid – whether power to issue special leases was exclusively conferred on Minister under s 203 of the Land Act 1962 (Qld) – where Governor in Council purported to issue special leases under s 203 – finding that Governor in Council was conferred with power under s 6(1) to issue special leases and validly exercised that power – held that special leases validly issued STATUTORY INTERPRETATION – meaning of "issue" in s 203 of the Land Act 1962 (Qld) – finding that "issue" means "demise" or "grant" and requires Minister to personally sign instruments of lease – whether Minister had exclusive power to issue special leases under s 203 – finding that Governor in Council had concurrent power under s 6(1) to issue special leases

Legislation: Native Title Act 1993 (Cth) s 23B(2)(c)(iv) and (viii) Federal Court Rules 2011 (Cth) r 30.01 Land Act 1962 (Qld) ss 5, 6, 6(1), 6(2), 6(6), 7, 54(5)(a), 58(2), 58(3)(b), 73(1), 78(1), 83(1), 83(4), 86(2), 93(3), 99(2), 99(3)(b), 102(a), 103, 160, 160(1), 165, 165(1), 179, 198, 199(2)(b), 202, 203, 203(a), 204, 205, 205(1) and 343 Land Act 1910 (Qld) s 179 Land Act 1994 (Qld) s 15 Native Title (Queensland) Act 1993 (Qld) s 20(2) Property Law Act 1974 (Qld) ss 10, 10(1), 11 and 11(1) Statute of Frauds and Limitations of 1867 (Qld) s 4