This matter concerns an application filed by the Queensland South Representative Body Aboriginal Corporation (Queensland South) to be joined as a respondent in the proceedings. The applicants in the ongoing proceedings are the Gunggari People, represented by Mr Munn, and the State of Queensland (the respondent).
Background
Earlier in the proceedings, the area claimed was split into two different applications: Part A, the land concerned in the present proceedings, and Part B, the land relating to proceedings brought by Queensland South and Mr Wharton for the Kooma People. Queensland South consented to being removed as a party in the Part A proceedings, although the claimed area is within its representative boundaries. After being informed that the Part A is shared by both the Gunggari People and the Kooma People, Queensland South sought to be re-joined to protect the Kooma interest over that land.
The Gunggari People opposed Queensland South’s application. Mr Wharton, although not a party, also made submissions indicating his wished to be re-joined in these proceedings as a representative of the Kooma People.
Emmett J deferred the determination of Queensland South’s application.
His honour discussed how the Native Title Act 1993 (Cth) (NTA) distinguishes between representative bodies and those holding interests that will be impacted by the determination. As the notice period had expired, Queensland South could only be joined as a party through s 84(5) of the NTA. This provision allows parties holding impacted interests to be joined at any time. As Queensland South is a representative body as per s 66(3)(a) NTA, his honour expressed ‘serious reservations’ as to whether he had the power to uphold the application ([17]).
Conclusion
Emmett J considered whether s 84(5) NTA could be utilised by representative bodies. His honour deemed it was more appropriate to allow a time period for the Kooma People, either of their own accord or through Mr Wharton, to make a s 84(5) NTA application and become a party themselves. His honour noted that this would ensure that the interests of the Kooma People were protected. As the purpose of the joinder application was to protect this interest, Queensland South’s application would be unnecessary.