Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1506

Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1506

The Court was satisfied that the notices contained a clear description of the Determination Area despite the erroneous area figure, because they identified the land by Lot and DP number, included a map and geographic description, and the incorrect area was not a mandatory item. The formal requirements for an unopposed s 86G determination were met. The evidence established that the 1930 Special Lease was granted under s 75 of the Crown Lands Consolidation Act 1913 (NSW) for agriculture, affected the whole Determination Area, was a Scheduled interest and a previous exclusive possession act, and therefore wholly extinguished any native title in the Determination Area. It was appropriate to...

Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Non Claimant Application for Determination of Native Title Under S 61(1) of the Native Title Act 1993 (cth) / Determined on the Papers as an Unopposed Application Under S 86 G of the Native Title Act 1993 (cth)
Outcome
Orders made in the terms sought; native title does not exist in relation to Lot 2 in Deposited Plan 1254412.
Legal Topics
['non Claimant Application' 'negative Determination of Native Title' 'public Notice Under S 66' 'extinguishment of Native Title' 'previous Exclusive Possession Act' 'scheduled Interest']
['native Title' 'aboriginal Land Rights' 'crown Lands'] ['non Claimant Application' 'negative Determination of Native Title' 'public Notice Under S 66' 'extinguishment of Native Title' 'previous Exclusive Possession Act' 'scheduled Interest']

Case Brief

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Procedural Posture

Non Claimant Application for Determination of Native Title Under S 61(1) of the Native Title Act 1993 (cth) / Determined on the Papers as an Unopposed Application Under S 86 G of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the misdescription of the area in the public notice prevented compliance with s 66(3)(d) of the Native Title Act 1993 (Cth) and cl 6(5) of the Native Title (Notices) Determination 2011 (No. 1) (Cth).' 'Whether the formal requirements for making an order under s 86G of the Native Title Act 1993 (Cth) were satisfied.' 'Whether Deerubbin Local Aboriginal Land Council proved on the balance of probabilities that no native title exists in relation to Lot 2 in Deposited Plan 1254412.' 'Whether the 1930 Special Lease was a previous exclusive possession act that wholly extinguished any native title in the Determination Area.']

Ratio Decidendi

The Court was satisfied that the notices contained a clear description of the Determination Area despite the erroneous area figure, because they identified the land by Lot and DP number, included a map and geographic description, and the incorrect area was not a mandatory item. The formal requirements for an unopposed s 86G determination were met. The evidence established that the 1930 Special Lease was granted under s 75 of the Crown Lands Consolidation Act 1913 (NSW) for agriculture, affected the whole Determination Area, was a Scheduled interest and a previous exclusive possession act, and therefore wholly extinguished any native title in the Determination Area. It was appropriate to...

Court Disposition

Orders made in the terms sought; native title does not exist in relation to Lot 2 in Deposited Plan 1254412.

Orders

  • ['Pursuant to s 86G of the Native Title Act 1993 (Cth), native title does not exist in relation to the area of land and waters comprised in and known as Lot 2 in Deposited Plan 1254412.' 'No order as to costs.']