Jerrinja Local Aboriginal Land Council v Attorney General of the State of NSW [2013] FCA 562

Jerrinja Local Aboriginal Land Council v Attorney General of the State of NSW [2013] FCA 562

The applicant discharged its burden on the balance of probabilities because the evidence, particularly from Jerrinja elders and witnesses preferred by the Court, established a lack of any continuing connection between Lot 96 and the Jerrinja People by reason of traditional law and custom. Evidence that Jerrinja People may continue to have connections with other Jerrinja lands, including Coolangatta Mountain, or that all land is important to Aboriginal people, did not establish or preserve native title rights and interests in the specific urban parcel Lot 96.

Jurisdiction
Australia
Judgment Date
31 May 2013
Procedural Posture
Non Claimant Application Under the Native Title Act 1993 (cth) / Judgment and Declaration
Outcome
Application granted; declaration made that no native title exists in Lot 96.
Legal Topics
['non Claimant Application' 'determination That Native Title Does Not Exist' 'connection to Land' 'traditional Laws and Customs' 'onus and Standard of Proof']
['native Title'] ['non Claimant Application' 'determination That Native Title Does Not Exist' 'connection to Land' 'traditional Laws and Customs' 'onus and Standard of Proof']

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Procedural Posture

Non Claimant Application Under the Native Title Act 1993 (cth) / Judgment and Declaration

Legal Issues

  1. 1 ['Whether the applicant established on the balance of probabilities that native title does not exist in relation to Lot 96 in Deposited Plan 1069334.' 'Whether there were continued traditional laws and customs observed by the Jerrinja People having a connection with Lot 96.' 'Whether connection to the broader area of Jerrinja lands or Coolangatta Mountain was sufficient to prevent a negative determination for Lot 96.']

Ratio Decidendi

The applicant discharged its burden on the balance of probabilities because the evidence, particularly from Jerrinja elders and witnesses preferred by the Court, established a lack of any continuing connection between Lot 96 and the Jerrinja People by reason of traditional law and custom. Evidence that Jerrinja People may continue to have connections with other Jerrinja lands, including Coolangatta Mountain, or that all land is important to Aboriginal people, did not establish or preserve native title rights and interests in the specific urban parcel Lot 96.

Court Disposition

Application granted; declaration made that no native title exists in Lot 96.

Orders

  • ['No native title exists in land described as all of Lot 96 in Deposited Plan 1069334 and located in the Local Government Area of Shoalhaven, Parish of Coolangatta, County of Camden, State of New South Wales.']