Biraban Local Aboriginal Land Council v Attorney-General of New South Wales [2022] FCA 144

Biraban Local Aboriginal Land Council v Attorney-General of New South Wales [2022] FCA 144

On the balance of probabilities, and in light of full procedural compliance, absence of current or recent claims, and discontinuance of prior claims without objection or assertion of native title by any party, the Court is satisfied that no native title exists in the lands and waters described in the application.

Jurisdiction
Australia
Judgment Date
24 February 2022
Procedural Posture
Non Claimant Application Under Native Title Act 1993 (cth) / Final Judgment on Unopposed Application Determined on the Papers
Outcome
Application granted; determination that native title does not exist in the specified lots.
Legal Topics
['non Claimant Applications' 'existence of Native Title' 'notification Requirements' 'burden of Proof in Native Title' "land Council's Ability to Deal With Land" 'determination That Native Title Does Not Exist' 'prior and Discontinued Native Title Claims']
['native Title' 'aboriginal Land Rights'] ['non Claimant Applications' 'existence of Native Title' 'notification Requirements' 'burden of Proof in Native Title' "land Council's Ability to Deal With Land" 'determination That Native Title Does Not Exist' 'prior and Discontinued Native Title Claims']

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Procedural Posture

Non Claimant Application Under Native Title Act 1993 (cth) / Final Judgment on Unopposed Application Determined on the Papers

Legal Issues

  1. 1 ['Whether native title exists in relation to specified land and waters in New South Wales under the Native Title Act 1993 (Cth)' 'Whether procedural and notification requirements for a non-claimant application have been met' 'The legal significance of prior discontinued native title claims in the application area']

Ratio Decidendi

On the balance of probabilities, and in light of full procedural compliance, absence of current or recent claims, and discontinuance of prior claims without objection or assertion of native title by any party, the Court is satisfied that no native title exists in the lands and waters described in the application.

Court Disposition

Application granted; determination that native title does not exist in the specified lots.

Orders

  • ['Native title does not exist in relation to the areas of land and waters in the State of New South Wales comprised in and known as Lots 361 in Deposited Plan 44963; Lot 2 in Deposited Plan 1260942; Lot 399 in Deposited Plan 822172; Lot 7337 in Deposited Plan 1154948; Lot 35 in Deposited Plan 1017406; Lot 52 in...