Coonamble Local Aboriginal Land Council v Attorney General of New South Wales [2023] FCA 938

Coonamble Local Aboriginal Land Council v Attorney General of New South Wales [2023] FCA 938

Native title does not exist over the subject land because the original grants in fee simple in 1867 constituted previous exclusive possession acts, which, under the Native Title Act 1993 (Cth) and supported by case law, permanently extinguished native title.

Parties
Applicant: Coonamble Local Aboriginal Land Council; First Respondent: Attorney General of New South Wales; Second Respondent: NTSCORP Limited
Jurisdiction
Australia
Judgment Date
10 August 2023
Procedural Posture
Non Claimant Application for Determination of Native Title / Final Determination; Orders Made Without Hearing Under S 86 G
Outcome
Application granted; determination that native title does not exist
Legal Topics
Non Claimant Application, Negative Determination, Extinguishment of Native Title, Procedural Requirements Under Native Title Act
Native Title Non Claimant Application Negative Determination Extinguishment of Native Title Procedural Requirements Under Native Title Act

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Parties

Coonamble Local Aboriginal Land Council

Applicant

Attorney General of New South Wales

First Respondent

NTSCORP Limited

Second Respondent

Procedural Posture

Non Claimant Application for Determination of Native Title / Final Determination; Orders Made Without Hearing Under S 86 G

Legal Issues

  1. 1 Whether native title exists in respect of the subject land
  2. 2 Whether native title has been extinguished by previous acts
  3. 3 Whether the Court has power and it is appropriate to make orders sought under s 86G

Ratio Decidendi

Native title does not exist over the subject land because the original grants in fee simple in 1867 constituted previous exclusive possession acts, which, under the Native Title Act 1993 (Cth) and supported by case law, permanently extinguished native title.

Court Disposition

Application granted; determination that native title does not exist

Orders

  • Native title does not exist in relation to the land in the State of New South Wales comprised in and known as Lots 1 and 2 in Deposited Plan 1036815.