Eden Local Aboriginal Land council v NTSCORP Ltd [2010] FCA 745 (15 July 2010) |
| Binomial Name: | Federal Court of Australia | |
| Date: | 15 July 2010 | |
| Sub Category: | Consent Determination (Native Title Act) |
| Place: | Kiah |
| State/Country: | New South Wales, Australia |
| Land contained within Lot 98 in Deposited Plan 1036338 at Kiah in New South Wales. |
| |
| Legal Reference: | Federal Court No: NSD1199/09
National Native Tribunal No: NN09/6 | |
| Alternative Names: | Eden Local Aboriginal Land Council #2
|
| Subject Matter: | Native Title |
| URL: | http://www.austlii.edu.au/au/cases/cth/FCA/2010/745.html | |
| Summary Information: | |
| Eden Local Aboriginal Land council v NTSCORP Ltd [2010] FCA 745
Between
Eden Local Aboriginal Land Council (APPLICANTS)
AND
NTSCOPRP Ltd and New South Wales minister for Lands (RESPONDENTS)
Judge: Jacobson J
Where made Sydney
Determination
Native Title does not exist
|
| Detailed Information: | |
| The application was for a determination that no native title exists in relation to the land. It was, in this case, an application relating to land for which there had been no determination as to whether native title existed.
The Eden Local Aboriginal Land Council made the application to satisfy sections of the Aboriginal Land Rights Act 1983 (NSW) which placed restrictions on the use of the land.
Pending the approval of the orders, the Eden Local Aboriginal Land council sought to lease part of the land to Telstra.
The Eden Local Aboriginal Land Council agreed at an extraordinary general meeting that the land in question is not of cultural significance to the Aborigines of the area.
The application was supported by affidavit material which stated that there was no exercise of native title rights (such as by hunting, fishing or gathering food) by indigenous people on that land.
The court ordered that Native Title did not exist in the claimed area. | |
