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

Newcastle

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.

Registered on the National Native Title 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.

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].

Native title does not exist

Related Entries

Documents