Reeves J
Reeves J granted leave to the applicant to file a notice of discontinuance.
Background
The applicant, authorised on behalf of the Jagera/Yagera people filed the Jagera/Yagera native title determination application on 21 September 2018. The application was then submitted to the registration process under Part 7 of the Native Title Act 1993 (Cth) (NTA). The Native Title Registrar made the decision that the application failed the registration process because the delegate was not satisfied that the decision-making process used to authorise the making of the application was a traditional decision-making process within the meaning of s 251B of the NTA.
The applicant applied to the National Native Title Tribunal to have that decision reconsidered however, the Tribunal affirmed the decision.
The applicant acknowledged that the application was potentially subject to dismissal under ss 84D or 84C of the NTA and has therefore sought leave to discontinue the application.
Consideration
In considering the application, the Court gave regard to two principles discussed in Levinge v Queensland (2012) 208 FCR 98. First, that the applicant should ‘seek the views of the native title claim group before applying to discontinue a native title determination application’ [4]. Reeves J was satisfied of this.
Secondly, ‘whether there is any intention on the part of the Jagera/Yagera people to file a further native title determination application over the same area’ [5]. His Honour noted that the Jagera/Yagera people had no such history and had no stated intention to file another native title determination application in the future.
For those reasons, His Honour granted the orders sought.