This case concerns an application under s 66B(1)(a)(ii) of the Native Title Act 1993 (Cth) (NTA). On 25 August 2018 an authorisation meeting of Danggan people was held, in which a resolution was passed removing the authority of the existing members of the Danggan Balun people applicant and appointing nine people to act in their place. Four of those people were members of the existing applicant. The authority of those nine individuals to replace the existing applicant was subject to certain terms and conditions, one of which provided for the ongoing authority of the remaining individuals without the need for a further authorisation meeting, if one or more of the person’s so authorised was no longer willing or able to continue to act as a member of the Applicant. Reeves J was satisfied on the evidence that since the authorisation meeting two persons of the replacement applicant had demonstrated an unwillingness to act as members of the applicant.
Reeves J was satisfied that the conditions set out by French CJ in Daniel v Western Australia [2002] FCA 1147 at [17] regarding s 66B applications had been met. His Honour accepted the application of the replacement applicant and ordered the amendment of the Native Title Determination Application accordingly.