Deerubbin Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1067

Deerubbin Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1067

The Court is satisfied that native title does not exist in relation to Lots 1, 2 and 4 in DP1226110, North Parramatta, NSW as previous exclusive possession acts (including grants of freehold and public works) have wholly extinguished any native title, and no competing claimants or objections have been made pursuant to the requirements of the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
07 September 2017
Procedural Posture
Non Claimant Native Title Application / Final Determination/orders
Outcome
Application upheld; native title does not exist in relation to the Land.
Legal Topics
['extinguishment of Native Title' 'previous Exclusive Possession Acts' 'public Works' 'aboriginal Land Rights']
['native Title'] ['extinguishment of Native Title' 'previous Exclusive Possession Acts' 'public Works' 'aboriginal Land Rights']

Case Brief

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Procedural Posture

Non Claimant Native Title Application / Final Determination/orders

Legal Issues

  1. 1 ['Whether native title exists in relation to Lots 1, 2 and 4 in DP1226110, North Parramatta, NSW' 'Whether native title has been extinguished by previous exclusive possession acts or public works']

Ratio Decidendi

The Court is satisfied that native title does not exist in relation to Lots 1, 2 and 4 in DP1226110, North Parramatta, NSW as previous exclusive possession acts (including grants of freehold and public works) have wholly extinguished any native title, and no competing claimants or objections have been made pursuant to the requirements of the Native Title Act 1993 (Cth).

Court Disposition

Application upheld; native title does not exist in relation to the Land.

Orders

  • ['Native title does not exist in relation to the land and waters that is Lots 1, 2 and 4 in DP1226110 at North Parramatta in the Parish of Field of Mars, County of Cumberland in the State of New South Wales.']