Bahtabah Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1236

Bahtabah Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1236

The Court was satisfied that the procedural requirements, including notification under s 66 of the Native Title Act 1993 (Cth), had been met and that the application was unopposed for the purposes of s 86G. Having regard to the absence of any native title claimant application over the Areas during or after notification, the absence of any party other than NTSCORP seeking joinder, the discontinued or dismissed prior claimant applications, and the reasoning in Mace concerning the former Awabakal and Guringai People's claim, the Court was satisfied on the balance of probabilities that no native title claims exist in the Areas. The orders sought were within the Court's power and it was...

Jurisdiction
Australia
Judgment Date
26 August 2020
Procedural Posture
Non Claimant Application for a Determination of Native Title Under S 61(1) of the Native Title Act 1993 (cth) / Final Determination on the Papers Under S 86 G of the Native Title Act 1993 (cth)
Outcome
Application granted; native title determined not to exist in relation to the specified areas of land and waters; no order as to costs.
Legal Topics
['non Claimant Application' 'negative Determination of Native Title' 'unopposed Application' 'standing of Local Aboriginal Land Council' 'native Title Notification' 'burden of Proof on Balance of Probabilities']
['native Title' 'aboriginal Land Rights'] ['non Claimant Application' 'negative Determination of Native Title' 'unopposed Application' 'standing of Local Aboriginal Land Council' 'native Title Notification' 'burden of Proof on Balance of Probabilities']

Case Brief

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Procedural Posture

Non Claimant Application for a Determination of Native Title Under S 61(1) of the Native Title Act 1993 (cth) / Final Determination on the Papers Under S 86 G of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the applicant had standing to bring the non-claimant application for an approved determination of native title.' 'Whether the notification and procedural requirements under the Native Title Act 1993 (Cth) had been satisfied.' 'Whether the application was unopposed for the purposes of s 86G of the Native Title Act 1993 (Cth).' 'Whether the applicant had discharged the burden of proving on the balance of probabilities that native title does not exist in the Areas.' 'Whether it was appropriate to make a determination without a hearing that native title does not exist in the Areas.']

Ratio Decidendi

The Court was satisfied that the procedural requirements, including notification under s 66 of the Native Title Act 1993 (Cth), had been met and that the application was unopposed for the purposes of s 86G. Having regard to the absence of any native title claimant application over the Areas during or after notification, the absence of any party other than NTSCORP seeking joinder, the discontinued or dismissed prior claimant applications, and the reasoning in Mace concerning the former Awabakal and Guringai People's claim, the Court was satisfied on the balance of probabilities that no native title claims exist in the Areas. The orders sought were within the Court's power and it was...

Court Disposition

Application granted; native title determined not to exist in relation to the specified areas of land and waters; no order as to costs.

Orders

  • ['Native title does not exist in relation to the areas of land and waters comprised in and known as Lot 1 in Deposited Plan 1218515; Lot 2 in Deposited Plan 1218515; Lot 7330 in Deposited Plan 1142039; Lot 7331 in Deposited Plan 1142039; Lot 7332 in Deposited Plan 1142039; Lot 7312 in Deposited Plan 1141582; Lot...