McLennan v State of Queensland [2019] FCA 1969

Year: 
2019
Jurisdiction: 
Queensland
Forum: 
Federal Court
Legislation considered: 
s 190B Native Title Act 1993 (Cth)

Reeves J

This matter concerns an application for review of a decision of the Registrar of the Native Title Tribunal's delegate not to accept the Jangga People #2 native title claim for registration.  The respondents were the State of Queensland and the Registrar of the National Native Title Tribunal (Registrar).

Background

In October 2012 the Court made a determination that the Jangga People held native title in an area of Central Queensland to the east of the present claim area (Jangga People determination). See Related Content.

In June 2018 the Jannga Applicant filed a native title determination application in relation to an area of land and waters in Central Queensland south of Charters Towers that is west of the Jangga People determination (Jangga People #2 claim).

After the Jangga People #2 claim was filed it was referred to the Registrar as required by s 63 of the Native Title Act 1993 (Cth) (NTA). A delegate of the Registrar did not accept the claim for registration on the basis that it did not satisfy all of the conditions in s 190B  of the NTA.

The Jangga Applicant then filed an application with the Federal Court for review of the delegate's decision and lodged two further affidavits in support of its review application.

Reasoning

The Court noted that a review under s 190F of the NTA  is not concerned with the correction of an error. The review extends to questions of fact and law, is not limited to the materials before the primary decision-maker and may have regard to any additional evidence it considers relevant. Following a review the Court is able to make appropriate orders to do justice between the parties.

After examining relevant parts of the delegate’s decision, the additional evidence contained in the two affidavits and the submissions of the Jangga Applicant and the State, Reeves J considered the application of the Jangga People should now be accepted for registration on the Register of Native Title Claims.

Orders

The Court ordered that the decision of the delegate of the Registrar is set aside and the Registrar accept the claim for registration.