Eden Local Aboriginal Land Council v NTSCORP Limited [2010] FCA 746

Eden Local Aboriginal Land Council v NTSCORP Limited [2010] FCA 746

The determination that no native title exists in relation to the land is made pursuant to s 61 of the Native Title Act 1993 (Cth), supported by affidavit, and in accordance with provisions in the Aboriginal Land Rights Act 1983 (NSW), thereby allowing Eden LALC to proceed with proposed subdivision or sale subject to approvals.

Parties
Applicant: Eden Local Aboriginal Land Council; First Respondent: NTSCORP Limited; Second Respondent: New South Wales Minister for Lands as State Minister under the Native Title Act 1993 (Cth)
Jurisdiction
Australia
Judgment Date
15 July 2010
Procedural Posture
Non Claimant Application Under Native Title Act / Judgment
Outcome
Native title does not exist in relation to the land specified.
Legal Topics
Non Claimant Application, Determination of Native Title, Aboriginal Land Rights
Native Title Non Claimant Application Determination of Native Title Aboriginal Land Rights

Case Brief

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Parties

Eden Local Aboriginal Land Council

Applicant

NTSCORP Limited

First Respondent

New South Wales Minister for Lands as State Minister under the Native Title Act 1993 (Cth)

Second Respondent

Procedural Posture

Non Claimant Application Under Native Title Act / Judgment

Legal Issues

  1. 1 Whether native title exists in relation to the specified land

Ratio Decidendi

The determination that no native title exists in relation to the land is made pursuant to s 61 of the Native Title Act 1993 (Cth), supported by affidavit, and in accordance with provisions in the Aboriginal Land Rights Act 1983 (NSW), thereby allowing Eden LALC to proceed with proposed subdivision or sale subject to approvals.

Court Disposition

Native title does not exist in relation to the land specified.

Orders

  • Native title does not exist in relation to the land comprised in NSW Department of Lands Certificate of Title folio identifier 207 of Deposited Plan 728018.