Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 146

Category: Case Law
Binomial Name: Federal Court of Australia
Date: 29 February 2012
Sub Category:Unopposed Determination
Place:

Newcastle

State/Country:New South Wales , Australia

The determination area covers Lot 2 in Deposited Plan 1145824 and known as 2783 Nelson Bay Road, Salt Ash NSW. It is the local government area of Port Stephens.

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

Legal Status:

Registered on the National Native Title Register

Legal Reference: Federal Court of Australia.: NSD1732/2010; NNTT.: NND2012/001
Alternative Names:
  • Worimi Local Aboriginal Land Council #5
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2012/146.html
    Summary Information:

    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.

    Detailed Information:

    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.

    On 8 December 2010, the WLALC filed a non-claimant application and sought a determination that no native title exists in the land [34].

    The WLALC provided three sworn affidavits that provided evidence that no native title interests had previously been held in relation to the land [15]. 

    On 12 October 2011, NTSCORP gave notice under s 86G of the NTA that it did not oppose the order sought by the WALC [26]. 

    Details of Judgment

    Justice Cowdroy considered the evidence of the witness who provided affidavits and the fact that the application had remained unopposed [33]. 

    Cowdroy J 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 WLALC [33-34].

    Outcomes:

    Native title does not exist


    Related Entries

    Organisation
  • Worimi Local Aboriginal Land Council - Applicant
  • NTSCorp Limited - Respondent
  • National Native Title Tribunal
  • Port Stephens Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Aboriginal Land Rights Act 1983 (NSW)
  • People
  • Attorney General of New South Wales - Respondent
  • Case Law
  • Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 147

  • Documents

    Document
    Extract from the National Native Tribunal Register for NND2010/001 as at 12/10/2022 (Worimi Aboriginal Land Council #5). - ( PDF)