New South Wales Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 112 |
| Category: | Case Law | |
| Binomial Name: | Federal Court of Australia | |
| Sub Category: | Case Law | Unopposed Determination |
| Place: | Wollongong |
| State/Country: | New South wales, Australia |
| Legal Status: | Registered on the National Native Title Tribunal | |
| Legal Reference: | Federal Court no. NSD1272/05; National Native Title Tribunal No. NN05/11 | |
| Alternative Names: | Illawarra Local Aboriginal Land Council
|
| URL: | http://www.austlii.edu.au/au/cases/cth/federal_ct/2007/112.html | |
| Summary Information: | |
| New South Wales Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 112
Between: New South Wales Aboriginal Land Council (APPLICANT)
AND
New South Wales Native Title Services Ltd (FIRST RESPONDENT)
Illawarra Local Aboriginal Land Council (SECOND RESPONDENT)
Judge: Graham J
Where: Sydney
6 February 2007
Determination:Native Title does not exist in the determination area. |
| Detailed Information: | |
| On 28 July 2005, Illawarra Local Aboriginal Land Council filed a non-claimant application pursuant to section 61(1) of the Native Title Act 1993 (Cth). The application sought a determination of native title over 2,715 hectares of land ‘located in the Wollongong Local Government area, Parish of Kembla, County of Camden, having a frontage to West Dapto Road, Kembla Grange. It is described as Lot 323 in Deposited Plan number 823189’ (Determination, Paragraph 4).
The Court found that the application was
• ‘unopposed within the meaning of s 86G;
• that the Court has jurisdiction to hear the application and make the orders sought;
• that appropriate notice of the application has been given; and
• that no prior determination of native title has been made in relation to the Land’ (Determination, Paragraph 29).
Accordingly, the court determined that native title does not exists in the determination area. | |
