Weber v State of Queensland [2015] FCA 996

Weber v State of Queensland [2015] FCA 996

The Court determined that, as the non-claimant applicant held a non-native title interest, all statutory notices were duly given, there were no existing or prospective native title claims, and the application was unopposed, it had the power to and did determine that no native title exists on the subject land.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Non Claimant Application / Judgment and Orders
Outcome
Application granted
Legal Topics
['non Claimant Application' 'determination of No Native Title' 's 61(1) Native Title Act 1993 (cth)' 'unopposed Application']
['native Title'] ['non Claimant Application' 'determination of No Native Title' 's 61(1) Native Title Act 1993 (cth)' 'unopposed Application']

Case Brief

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Procedural Posture

Non Claimant Application / Judgment and Orders

Legal Issues

  1. 1 ['Whether no native title exists in relation to the subject land pursuant to s 61(1) of the Native Title Act 1993 (Cth)']

Ratio Decidendi

The Court determined that, as the non-claimant applicant held a non-native title interest, all statutory notices were duly given, there were no existing or prospective native title claims, and the application was unopposed, it had the power to and did determine that no native title exists on the subject land.

Court Disposition

Application granted

Orders

  • ["No native title exists in relation to that part of Lot 46 on Survey Plan 104173, County of Churchill, Parish of Normanby, as shown as the hatched area in the annexure to these orders marked 'A'."]