Armidale Local Aboriginal Land Council v Attorney General of New South Wales [2024] FCA 50

Armidale Local Aboriginal Land Council v Attorney General of New South Wales [2024] FCA 50

On the evidence, including affidavits from persons with cultural knowledge and no claim or connection to the land adduced, and the absence of any contrary evidence or claims, the Land Council has discharged the burden to establish on the balance of probabilities that native title does not exist in the land identified in the application.

Parties
Applicant: Armidale Local Aboriginal Land Council; First Respondent: Attorney General of New South Wales; Second Respondent: NTSCORP Limited
Jurisdiction
Australia
Judgment Date
06 February 2024
Procedural Posture
Non Claimant Native Title Application / Determination on the Papers
Outcome
Application allowed. Negative determination of native title made.
Legal Topics
Non Claimant Application, Negative Determination, Burden of Proof, Notification Process
Native Title Non Claimant Application Negative Determination Burden of Proof Notification Process

Case Brief

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Parties

Armidale Local Aboriginal Land Council

Applicant

Attorney General of New South Wales

First Respondent

NTSCORP Limited

Second Respondent

Procedural Posture

Non Claimant Native Title Application / Determination on the Papers

Legal Issues

  1. 1 Whether it is within the Court's power and appropriate to make orders determining that no native title exists over the identified land
  2. 2 Whether native title exists or can be proved to exist in the land

Ratio Decidendi

On the evidence, including affidavits from persons with cultural knowledge and no claim or connection to the land adduced, and the absence of any contrary evidence or claims, the Land Council has discharged the burden to establish on the balance of probabilities that native title does not exist in the land identified in the application.

Court Disposition

Application allowed. Negative determination of native title made.

Orders

  • Pursuant to s 61(1) of the Native Title Act 1993 (Cth), there is no native title in relation to the land located at 38 Myrtle Drive, Armidale in the State of New South Wales, being: Lot 2 in Deposited Plan 1230555; Lot 6 in Deposited Plan 1230555; Lot 7 in Deposited Plan 1230555; Lot 1120 in Deposited Plan 39591;...