Eden Local Aboriginal Land Council v NTSCORP Limited [2010] FCA 745

Eden Local Aboriginal Land Council v NTSCORP Limited [2010] FCA 745

Given the absence of any native title claim, the compliance with procedural requirements, the unopposed status of the application, and relevant statutory provisions, the Court determined that native title does not exist in relation to the land.

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 1993 (cth) / Judgment and Final Orders
Outcome
Application granted - native title does not exist in relation to the subject land.
Legal Topics
Non Claimant Applications, Native Title Determinations, Aboriginal Land Rights, Unopposed Applications, Jurisdiction of Federal Court
Native Title Law Non Claimant Applications Native Title Determinations Aboriginal Land Rights Unopposed Applications Jurisdiction of Federal Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

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 1993 (cth) / Judgment and Final Orders

Legal Issues

  1. 1 Whether native title exists in relation to the subject land
  2. 2 Application and effect of Aboriginal Land Rights Act 1983 (NSW) amendments and its interplay with the Native Title Act 1993 (Cth)
  3. 3 Whether appropriate notice and procedural requirements have been met

Ratio Decidendi

Given the absence of any native title claim, the compliance with procedural requirements, the unopposed status of the application, and relevant statutory provisions, the Court determined that native title does not exist in relation to the land.

Court Disposition

Application granted - native title does not exist in relation to the subject land.

Orders

  • Native title does not exist in relation to the land comprised in NSW Department of Lands Certificate of Title folio identifier 98 of Deposited Plan 1036338.