Graham J
In this case the judge dismissed two notices of motion in which the respondent sought to keep a court application active contrary to orders made by a previous judge. The proceedings relate to two parcels of land which are the subject of a Memorandum of Understanding (MOU) between the Director-General of the Department of Environment and Climate Change (NSW) and the Saltwater Tribal Council (Aboriginal Corporation). A previous order granted leave to the applicants to discontinue the proceedings. Subsequently, that order as varied to delay the date upon which the proceedings would be discontinued. The fifth respondent now seeks to again delay the date upon which the proceedings will be discontinued.
The fifth respondent submits that the effect of the discontinuance of proceedings will be that the Saltwater people, as described in the MOU, will be regarded as the tradition owners of the claim area, to the exclusion of himself and the Pirripaayi people. Further, the fifth respondent deposed that in those circumstances, it would be necessary for him to file a new native title application, and wait for the matters to proceed to determination.
Evidence was presented that the MOU contains a provision that it is not intended to affect or impact upon native title rights and interests. Further, the Court was informed that the MOU was formulated so that the fifth respondent would be included in the definition of 'Saltwater People'. The Court found that by extension, the Pirripaayi people would also be included in this definition.
In light of this, Justice Graham dismissed the notices of motion, and the proceedings will be discontinued as previously ordered.