Griffith Local Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1452

Griffith Local Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1452

The Court determined that native title does not exist in relation to the Land as it had been extinguished by construction of a public work (the Griffith Police Station) prior to 23 December 1996, and no other party claimed native title after proper notification under the Native Title Act 1993 (Cth).

Parties
Applicant: Griffith Local Aboriginal Land Council; First Respondent: Attorney-General of New South Wales; Second Respondent: NTSCORP Limited
Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Non Claimant Application for a Determination of Native Title / Judgment on the Papers, Final Determination
Outcome
Native title does not exist.
Legal Topics
Extinguishment of Native Title, Previous Exclusive Possession Act, Public Works, Non Claimant Applications, Approved Determination of Native Title
Native Title Extinguishment of Native Title Previous Exclusive Possession Act Public Works Non Claimant Applications Approved Determination of Native Title

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Parties

Griffith Local Aboriginal Land Council

Applicant

Attorney-General of New South Wales

First Respondent

NTSCORP Limited

Second Respondent

Procedural Posture

Non Claimant Application for a Determination of Native Title / Judgment on the Papers, Final Determination

Legal Issues

  1. 1 Whether native title exists in relation to Lot 1 of Section 7 in DP758476 in the Parish of Jondaryan, County of Cooper, New South Wales
  2. 2 Whether native title has been extinguished by previous exclusive possession acts including construction of public works

Ratio Decidendi

The Court determined that native title does not exist in relation to the Land as it had been extinguished by construction of a public work (the Griffith Police Station) prior to 23 December 1996, and no other party claimed native title after proper notification under the Native Title Act 1993 (Cth).

Court Disposition

Native title does not exist.

Orders

  • Native title does not exist in relation to Lot 1 of Section 7 in DP758476 in the Parish of Jondaryan, County of Cooper in the State of New South Wales.
  • Each party bear their own costs.