Eden Local Aboriginal Land Council v Minister for Lands [2008] FCA 1934

Eden Local Aboriginal Land Council v Minister for Lands [2008] FCA 1934

The Court was satisfied it had power under the Native Title Act 1993 (Cth), including s 86G(2), to make the declarations because the application was made co-operatively, the respondents did not oppose the orders, and the evidence included resolutions of the Eden Local Aboriginal Land Council that the land was not of cultural significance to the indigenous people of the area. The declarations were appropriate to cure the conveyancing errors and facilitate the proposed easements and land swap.

Jurisdiction
Australia
Judgment Date
17 December 2008
Procedural Posture
Non Claimant Application Under S 61 of the Native Title Act 1993 (cth) for a Determination That No Native Title Exists / Final Orders and Reasons for Judgment
Outcome
Declarations made that no native title exists in relation to the specified land; the First Respondent was ordered to pay the Applicant's costs.
Legal Topics
['non Claimant Application' 'declaration That No Native Title Exists' 'co Operative Application Under S 86 G(2)' 'easements' 'conveyancing Errors' 'land Swap']
['native Title' 'land Law' 'civil Procedure'] ['non Claimant Application' 'declaration That No Native Title Exists' 'co Operative Application Under S 86 G(2)' 'easements' 'conveyancing Errors' 'land Swap']

Case Brief

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Procedural Posture

Non Claimant Application Under S 61 of the Native Title Act 1993 (cth) for a Determination That No Native Title Exists / Final Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the Court should make declarations that no native title exists in relation to specified parcels of land in Bega.' 'Whether s 86G(2) of the Native Title Act 1993 (Cth) permitted orders to be made on a co-operative application without a formal minute of consent.' 'Whether the proposed declarations and associated orders were appropriate to cure conveyancing errors and permit easements and boundary adjustments.']

Ratio Decidendi

The Court was satisfied it had power under the Native Title Act 1993 (Cth), including s 86G(2), to make the declarations because the application was made co-operatively, the respondents did not oppose the orders, and the evidence included resolutions of the Eden Local Aboriginal Land Council that the land was not of cultural significance to the indigenous people of the area. The declarations were appropriate to cure the conveyancing errors and facilitate the proposed easements and land swap.

Court Disposition

Declarations made that no native title exists in relation to the specified land; the First Respondent was ordered to pay the Applicant's costs.

Orders

  • ['Declares that no native title exists in relation to part of Lot 98 in Deposited Plan DP1036338 being an area 5 metres wide following the line of an existing water pipe, marked in yellow on the plan "A1".' 'Declares that no native title exists in relation to part of Lots 99 and 100 in Deposited Plan DP1040981 being...