The High Court will hear a special case on whether the North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld) is inconsistent with the Native Title Act 1993 (Cth) contrary to s 109 of the Constitution. The State law purports to allow several mining lease holders to apply for renewals that the plaintiffs contend are inconsistent with the Indigenous Land Use Agreement concluded between the plaintiffs and the State (question 2), and with the native title rights and interests held by the plaintiffs (question 4). As a threshold issue for both of these arguments, the plaintiffs seek to argue that s 109 applies to inconsistencies between a) State laws and registered Indigenous Land Use Agreements (question 1) and b) State laws and native title determinations by the Federal Court (question 3).
|High Court Judgment|
|High Court Documents||Quandamooka|
|Full Court Hearing|
|Directions Hearings|| HCATrans 268||28 November 2014|
| HCATrans 183||19 August 2014|