Darkinjung Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1136

Darkinjung Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1136

The Court was satisfied, on the balance of probabilities, that native title does not exist in the subject land parcels because no native title claims were made, no prior or current determinations or applications affected the land, all statutory notification and procedural steps were complied with, and there was either absence of claim or, for most parcels, native title was extinguished by acts of the Crown. The unopposed application and supporting evidence entitle the declaration sought under the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Non Claimant Application for a Determination of Native Title / Final Determination—application Determined on the Papers
Outcome
Application granted; determination that native title does not exist in the relevant land parcels.
Legal Topics
['non Claimant Application' 'extinguishment of Native Title' 'approved Determination of Native Title' 'aboriginal Land Rights' 'procedural Compliance Under Native Title Act']
['native Title'] ['non Claimant Application' 'extinguishment of Native Title' 'approved Determination of Native Title' 'aboriginal Land Rights' 'procedural Compliance Under Native Title Act']

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Procedural Posture

Non Claimant Application for a Determination of Native Title / Final Determination—application Determined on the Papers

Legal Issues

  1. 1 ['Whether native title exists in relation to specified parcels of land held by the applicant' 'Whether the Court should make a determination that native title does not exist where no claim has been made and extinguishment is shown or inferred']

Ratio Decidendi

The Court was satisfied, on the balance of probabilities, that native title does not exist in the subject land parcels because no native title claims were made, no prior or current determinations or applications affected the land, all statutory notification and procedural steps were complied with, and there was either absence of claim or, for most parcels, native title was extinguished by acts of the Crown. The unopposed application and supporting evidence entitle the declaration sought under the Native Title Act 1993 (Cth).

Court Disposition

Application granted; determination that native title does not exist in the relevant land parcels.

Orders

  • ['Native title does not exist in relation to the areas of land and waters specified as: (a) Lot 1 DP1192889; (b) Lot 16 DP1210468; (c) Lot 196 DP1064536; (d) Lot 197 DP1064536; (e) Lot 198 DP1064536; (f) Lot l DP1122946; (g) Lot 206 DP1117900; (h) Lot 207 DP1117900; (i) Lot 10 DP1180616; (j) Lot 7313 DP1165007; (k)...