Peter Hillig in his capacity as administrator of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales [2005] FCA 1713

The determination area comprises two lots of land, identified in the NSW Department of Lands Certification of Title folios as 216 and 218 of Deposited Plan 1044608, in the local government area of Port Stephens.

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

FCA file no.: NSD396/2005; NNTT file no.: NND2005/003

Between:

Peter Hillig in his capacity as administrator of the Worimi Aboriginal Land Council (Applicant) and Minister for Lands for the State of New South Wales as the State Minister under the Native Title Act 1993 (NSW) and New South Wales Native Title Services LTD (Respondents).

Judge: Bennett J

Decision:

This was an unopposed Federal Court determination, made under s 86G of the Native Title Act 1993 (Cth) (NTA), that native title does not exist within the determination area.  

Full text of the determination is available via the URL link above.

Background

The Worimi Aboriginal Land Council (WALC) 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 (transferring, selling, leasing etc) unless it was not subject to any native title rights and interests.

Accordingly, the administrator of WALC filed a non-claimant application with the court for a determination that native title does not exist in the land [6]. He provided the Court with evidence including sworn affidavits that provided relevant information concerning the fulfilment of the Council's obligations under s 66 of the NTA [8]. 

The Minister for Lands and the New South Wales Native Title Services Ltd notified the court in writing that the application was unopposed and signed the proposed orders [12].

Details of Judgment

On 28 November 2005, Justice Bennett held that no native title existed over the determination area.

Justice Bennet decided that the WALC had fulfilled its duty to notify the public of its court application in relation to the land in accordance with s 66(3) of the NTA and noted that no native title claimant had sought to appear or notified an interest in the land [9].[7]-[9].

Ultimately, Bennet J decided that the WALC had discharged its burden of proving on the balance of probabilities that no native title existed over the determination area. His Honour was satisfied it was in the Court's power to allow the application and make the order sought [13-15].

Native title does not exist. 

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