Darkinjung Aboriginal Land Council v Minister for Lands and Ors [2005] FCA 1861

Darkinjung Aboriginal Land Council v Minister for Lands and Ors [2005] FCA 1861

The historical grant of a homestead farm lease in 1914 constituted a previous exclusive possession act within s 23B(2)(c)(i) of the Native Title Act, thereby extinguishing any native title in the subject land, justifying a determination that no native title exists.

Jurisdiction
Australia
Judgment Date
07 December 2005
Procedural Posture
Native Title Application (non Claimant) / Final Determination
Outcome
Application granted. Declaration made that no native title exists over the subject land.
Legal Topics
['native Title Determination' 'exclusive Possession Acts' 'aboriginal Land Rights' 'jurisdiction Under Native Title Act']
['native Title' 'property Law'] ['native Title Determination' 'exclusive Possession Acts' 'aboriginal Land Rights' 'jurisdiction Under Native Title Act']

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Procedural Posture

Native Title Application (non Claimant) / Final Determination

Legal Issues

  1. 1 ['Whether native title exists in Lot 562 in Deposited Plan 1010370 at Blue Haven' "Whether the homestead farm grant was a 'previous exclusive possession act' under the Native Title Act"]

Ratio Decidendi

The historical grant of a homestead farm lease in 1914 constituted a previous exclusive possession act within s 23B(2)(c)(i) of the Native Title Act, thereby extinguishing any native title in the subject land, justifying a determination that no native title exists.

Court Disposition

Application granted. Declaration made that no native title exists over the subject land.

Orders

  • ['No native title exists in Lot 562 in Deposited Plan 1010370 at Blue Haven, Local Government Area of Wyong, Parish of Munmorah, County of Northumberland.' 'Each party pay its own costs.']