Background: The Worimi Local Aboriginal Land Council (Worimi LALC) is the registered proprietor of the single lot of land that comprises the determination area. Its interest in the lot is a non-native title interest. On 25 October 2018, it filed a non-claimant application for a negative determination of native title under s 61(1) of the Native Title Act 1993 (Cth) [6]. Without such a determination, s 42 of the Aboriginal Land Rights Act 1983 (NSW) would prevent it from dealing with the land. Details of Judgment: The Worimi LALC submitted that the lot was subject to a previous exclusive possession act, as covered by s 23B of the NTA, in that it had been subject to a lease that fell within the meaning of a scheduled interest under s 249C of the NTA [33]. Survey evidence showed the lot to have been wholly within Special Lease 1923-4 which was for 'wells, tanks, water conservation, and pole lines' [34]. Justice Jagot accepted accordingly that the lot was subject to a previous exclusive possession act [37]. Her Honour then came to the conclusion that a historical overlap with a discontinued Maaiangal native title claim was not relevant because that claim had not been for any exclusive native title [37]. Moreover, Jagot J concluded that because the Worimi LALC's application was unopposed, had been duly notified under s 66 of the NTA, and there was no other native title interest in the lot, nothing stood to prevent the Court from granting the application [42]. | 
