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James Speed Company Pty Ltd v State of Queensland [2022] FCA 626 | ||
Binomial Name: | Federal Court of Australia | |
Date: | 30 May 2022 | |
Place: | Barcaldine Region | |
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State/Country: | Queensland, Australia | |
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The claimed parcel area is approximately 30,900 hectares, and is described as Lot 1118 on Survey Plan 273891, referred to as North Delta. The land parcel is approximately thirty kilometres southeast of Barcaldine in Queensland. South of the determination area is Idalia National Park. The National Native Title Tribunal Extract (QND2022_002) attached, provide a written description of the area covered. The area is within the jurisdiction of the Barcaldine Regional Council. | ||
Legal Status: | Registered on the National Native Title Register | |
Legal Reference: | Federal Court File No.: QUD60/2021; National Native Title Tribunal File No.: QND2022/002 | |
Subject Matter: | Native Title | |
URL: | https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0626 | |
Summary Information: | ||
Between: James Speed Company Pty Ltd (Applicant) and State of Queensland (Respondent) Judge: Burley J Determination The Federal Court of Australia heard an application under section 13(1)(a) (Approved determinations of native title and section 61(1) (Native title and compensation applications) of the Native Title Act 1993 (NTA) for a determination that native title does not exist in relation to the parcel of land of approximately 30,900 hectares located in the Barcaldine local government area. Native title does not exist in the entire determination area. Full text of the determination is available via the URL link above. | ||
Detailed Information: | ||
Background The applicant is the registered lessee of the land, the lease of which was granted in April 1963 and was initially to expire in March 1993, though this was extended to March 2056. In June 2020, the applicant applied to the Queensland Department of Resources to convert the lease to freehold title. As part of the conversion application, the applicant was required to address any native title aspects, and therefore filed the determination application in February 2021 (per Burley J at [7]). In April 2021, the National Native Title Tribunal publicly notified the application in publications including the Koori Mail and the Longreach Leader. A search of the Native Title Claims Register in August and September 2021 indicated that the land had been the subject of five previous native title claims on behalf of the Bidjara People, which had either been withdrawn, discontinued, or dismissed (per Burley J at [10]-[13]). Details of Judgment The Court locates the power of determining native title, which includes a negative determination, "to the effect that native title does not exist," in both section 13(1)(a) and section 225 of the NTA (per Burley J at [13]). Borrowing significantly from Mace v State of Queensland [2019] FCAFC 223; 274 FCR 41, the Court affirmed the following principles for determining native title claims (per Burley J at [23]):
As a result of both the application being unopposed and the respondent outlining that it does not oppose an order in, or consistent with, the terms sought by the applicant, the Court was satisfied that the applicant had discharged its burden of establishing that its application be allowed (per Burley J at [26]). This enabled the Court to determine that "[t]here are no matters arising from the evidence in this case which would render it inappropriate to make a negative determination" (per Burley J at [35]). | ||
Outcomes: | ||
Native title does not exist. |
Related Entries |
Organisation |
Legislation |
Documents |
Document |
National Native Title Register Extract (QND2022_002) - ( PDF) |
Glossary |
Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Aboriginal and Torres Strait Islander (Australia) | Applicant | Respondent | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Aboriginal Corporation (Australia) | Native Title Applicants | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia) |
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