Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales [2023] FCA 813

Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales [2023] FCA 813

The extinguishment of native title over the relevant land was conclusively established by the valid grant of Special Lease 1939-9 and Special Lease 1956-130 for purposes (dairying) which are recognised as Scheduled interests and previous exclusive possession acts under the Native Title Act and the Native Title (New South Wales) Act, thereby justifying a determination that no native title exists over the area in question.

Parties
Applicant: Deerubbin Local Aboriginal Land Council; First Respondent: Attorney General of New South Wales; Second Respondent: NTSCORP Limited
Jurisdiction
Australia
Judgment Date
20 July 2023
Procedural Posture
Non Claimant Application for Determination of Native Title / Judgment on the Papers, Unopposed Application
Outcome
Application allowed. Determination made that no native title exists over the land.
Legal Topics
Extinguishment of Native Title, Non Claimant Application, Land Rights, Previous Exclusive Possession Acts, Notification Requirements
Native Title Extinguishment of Native Title Non Claimant Application Land Rights Previous Exclusive Possession Acts Notification Requirements

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Parties

Deerubbin Local Aboriginal Land Council

Applicant

Attorney General of New South Wales

First Respondent

NTSCORP Limited

Second Respondent

Procedural Posture

Non Claimant Application for Determination of Native Title / Judgment on the Papers, Unopposed Application

Legal Issues

  1. 1 Whether native title exists over Lot 176 in Deposited Plan 752047, NSW
  2. 2 Whether previous exclusive possession acts extinguished native title in the Land
  3. 3 Whether the requirements of the Native Title Act 1993 (Cth) and procedural notifications were satisfied

Ratio Decidendi

The extinguishment of native title over the relevant land was conclusively established by the valid grant of Special Lease 1939-9 and Special Lease 1956-130 for purposes (dairying) which are recognised as Scheduled interests and previous exclusive possession acts under the Native Title Act and the Native Title (New South Wales) Act, thereby justifying a determination that no native title exists over the area in question.

Court Disposition

Application allowed. Determination made that no native title exists over the land.

Orders

  • There is no native title in relation to the area of land and waters in the State of New South Wales comprised in and known as Lot 176 in Deposited Plan 752047.
  • There be no order as to costs.