Freight Terminals Pty Ltd v State of Queensland [2015] FCA 995

Freight Terminals Pty Ltd v State of Queensland [2015] FCA 995

As the applicant holds a non-native title interest, all statutory procedures have been complied with, the application is unopposed, there are no existing claims or expressed interest in claiming native title, the Court is satisfied it has power under s 86G to determine that no native title exists over the subject land.

Parties
Applicant: Freight Terminals Pty Ltd; Respondent: State of Queensland
Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Non Claimant Application Under S 61(1) of the Native Title Act 1993 (cth) / Final Determination
Outcome
Determination that no native title exists over the subject land.
Legal Topics
Non Claimant Application, Determination of Native Title, Unopposed Application
Native Title Non Claimant Application Determination of Native Title Unopposed Application

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Parties

Freight Terminals Pty Ltd

Applicant

State of Queensland

Respondent

Procedural Posture

Non Claimant Application Under S 61(1) of the Native Title Act 1993 (cth) / Final Determination

Legal Issues

  1. 1 Whether no native title exists over Lot 170 on Crown Plan AG460, County of Aubigny, Parish of Toowoomba

Ratio Decidendi

As the applicant holds a non-native title interest, all statutory procedures have been complied with, the application is unopposed, there are no existing claims or expressed interest in claiming native title, the Court is satisfied it has power under s 86G to determine that no native title exists over the subject land.

Court Disposition

Determination that no native title exists over the subject land.

Orders

  • No native title exists in relation to Lot 170 on Crown Plan AG460, County of Aubigny, Parish of Toowoomba, as shown in annexures A and B.