Gandangara Local Aboriginal Land Council v Minister for Lands for the State of NSW  FCA 383
|15 April 2011
|Case Law | Unopposed Determination
|New South Wales, Australia
|The determination area is Lot 200 in Deposited Plan 1136781 in Lucas Heights, south west of Sydney. The determination area is approximately 9.13 hectares.
|Registered on the National Native Title Register.
|Federal Court No: NSD19/2010; National Native Title Tribunal No: NN10/1.
|Land Use | Native Title
|Between: Gandangara Local Aboriginal Land Council (APPLICANT) and
Minister for Lands for the State of NSW (FIRST RESPONDENT) and
NTSCORP Limited (SECOND RESPONDENT)
Judge: Perram J
Where made: Sydney
Determination: native title does not exist in the determination area.
This is an unopposed determination, non-claimant application under the Native Title Act 1993 (Cth).
The Applicant, Gandangara Local Aboriginal Land Council, is a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983 (NSW). Under that Act, it is entitled to claim 'claimable' Crown land, and if successful, is entitled to a fee simple estate over that land. The applicant made such a claim over the determination area. Before the determination area could be conveyed to the applicant, it needed to establish that the determination area was not subject to any pre-existing native title rights and interests. For this reason, it applied to the court for an 'approved determination' that native title does not exist under the Native Title Act 1993 (Cth).
Perram J held that native title did not exist over the subject land.
Perram J was hesitant to make such a determination because the applicant did not present evidence from a person with 'knowledge of the existence or otherwise of a native title interests'. Nonetheless, Perram J held that there was no evidence that the land was subject to native title and, given that the applicant had complied with the notification procedure prescribed under the Native Title Act 1993 (Cth), he held that native title did not exist in the determination area.