Darkinjung Local Aboriginal Land Council v Attorney General of New South Wales [2022] FCA 1555

Darkinjung Local Aboriginal Land Council v Attorney General of New South Wales [2022] FCA 1555

The applicant, as registered proprietor of each lot, had standing and the procedural requirements of the Native Title Act 1993 (Cth) were satisfied. The evidence established that each lot had been subject to Scheduled interests, including special leases or suburban holdings, which were previous exclusive possession acts attributable to New South Wales. By operation of the Native Title Act 1993 (Cth) and s 20 of the Native Title (New South Wales) Act 1994 (NSW), those acts permanently extinguished any native title in the Land. The unopposed application was therefore within power and appropriate to determine on the papers.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Non Claimant Native Title Determination Application Under Ss 13(1)(a) and 61(1) of the Native Title Act 1993 (cth) / Unopposed Application Determined on the Papers
Outcome
Application granted; determination made that native title does not exist in relation to the Land; no order as to costs.
Legal Topics
['non Claimant Application' 'negative Determination of Native Title' 'previous Exclusive Possession Acts' 'scheduled Interests' 'extinguishment of Native Title' 'suburban Holdings' 'special Leases']
['native Title' 'aboriginal Land Rights'] ['non Claimant Application' 'negative Determination of Native Title' 'previous Exclusive Possession Acts' 'scheduled Interests' 'extinguishment of Native Title' 'suburban Holdings' 'special Leases']

Case Brief

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Procedural Posture

Non Claimant Native Title Determination Application Under Ss 13(1)(a) and 61(1) of the Native Title Act 1993 (cth) / Unopposed Application Determined on the Papers

Legal Issues

  1. 1 ['Whether the applicant had standing to bring a non-claimant application for a determination that native title does not exist over the Land.' 'Whether the formal notification and jurisdictional requirements under the Native Title Act 1993 (Cth) were satisfied.' 'Whether native title in each lot had been extinguished by previous exclusive possession acts involving Scheduled interests.' 'Whether it was appropriate to make a negative determination of native title on the papers under s 86G of the Native Title Act 1993 (Cth).']

Ratio Decidendi

The applicant, as registered proprietor of each lot, had standing and the procedural requirements of the Native Title Act 1993 (Cth) were satisfied. The evidence established that each lot had been subject to Scheduled interests, including special leases or suburban holdings, which were previous exclusive possession acts attributable to New South Wales. By operation of the Native Title Act 1993 (Cth) and s 20 of the Native Title (New South Wales) Act 1994 (NSW), those acts permanently extinguished any native title in the Land. The unopposed application was therefore within power and appropriate to determine on the papers.

Court Disposition

Application granted; determination made that native title does not exist in relation to the Land; no order as to costs.

Orders

  • ['Native title does not exist in relation to the areas of land and waters in the Parish of Wallarah, County of Northumberland, in the State of New South Wales comprised in and known as Lot 7340 in Deposited Plan 1166918, Lot 472 in Deposited Plan 755266, Lot 471 in Deposited Plan 755266, Lot 7305 in Deposited Plan...