Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 147

The determination area covers Lot 491 in Deposited Plan 727810 known as 74 Port Stephens Drive, Taylors Beach (Anna Bay) NSW 2316. The land is located in the government area of Port Stephens.

For further information see the National Native Title Register Extract attached below under documents.

Registered on the National Native Tile Register. 

Between:

Worimi Local Aboriginal Land Council (Applicant) and Attorney-General of New South Wales and NTSCORP Limited (Respondents).

Judge:

Cowdroy J

Decision: 

This was an unopposed Federal Court determination, made under section 86G of the Native Title Act 1993 (Cth) (NTA), that native title does not exist in the determination area.

Full text of the determination is available via the URL link above.

Background

The Worimi Local Aboriginal Land Council (WLALC) had a vested non-native title interest in the land. However, under the Aboriginal Land Rights Act 1983 (NSW), it was restricted from dealing with the land unless it was not subject to any native title rights and interests.

The application was heard simultaneously with that relating to the application for Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 146 (Worimi #5), and the evidence is virtually identical except it relates to different lots in the same proximity [3].

The National Native Title Tribunal Register (NNTT) gave the required notice under s 66(3) of the Native Title Act 1993 (Cth) [8].

On 21 September 2011, the Crown Solicitor for the State notified the Court that it did not oppose the orders sought by the WLALC [19].

On 12 October 2011, NTSCORP gave notice under s 86G of the NTA that it did not oppose the order sought by the WLALC [20]. 

Details of Judgment

His Honour considered the evidence of the witness who provided affidavits and the fact that the application had remained unopposed. His Honour also noted that the same considerations he had made in Worimi #5 applied to this application[22-23]. 

Justice Cowdroy was satisfied that the WLALC had fulfilled its duty and that the statutory prerequisites of the NTA had been discharged. His Honour was satisfied that it was in the Court's power to allow the application and make the order sought by the WALC [22-24].

Native title does not exist. 

Related Entries

Documents