La Perouse Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 1091

La Perouse Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 1091

The 1916 Crown grant of the land to the Board for use as a fire brigade station vested a fee simple estate and was a previous exclusive possession act under s 23B(2)(c)(ii) of the Native Title Act 1993 (Cth). By operation of s 20 of the Native Title (New South Wales) Act 1994 (NSW), that grant extinguished any native title in relation to the land. The application was unopposed for the purposes of s 86G, the formal notification requirements were established, and the Court had power to make the negative determination sought.

Jurisdiction
Australia
Judgment Date
11 July 2019
Procedural Posture
Native Title Non Claimant Application for a Determination That Native Title Does Not Exist / Heard on the Papers; Unopposed Application Under S 86 G of the Native Title Act 1993 (cth)
Outcome
Application granted; determination made that no native title exists in the land.
Legal Topics
['non Claimant Application' 'unopposed Application' 'extinguishment of Native Title' 'previous Exclusive Possession Act' 'freehold Estate']
['native Title'] ['non Claimant Application' 'unopposed Application' 'extinguishment of Native Title' 'previous Exclusive Possession Act' 'freehold Estate']

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Procedural Posture

Native Title Non Claimant Application for a Determination That Native Title Does Not Exist / Heard on the Papers; Unopposed Application Under S 86 G of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the application was unopposed for the purposes of s 86G of the Native Title Act 1993 (Cth).' 'Whether an order determining that no native title exists in the land was within the power of the Court.' 'Whether any native title rights that might have existed in the land had been extinguished by a previous exclusive possession act.']

Ratio Decidendi

The 1916 Crown grant of the land to the Board for use as a fire brigade station vested a fee simple estate and was a previous exclusive possession act under s 23B(2)(c)(ii) of the Native Title Act 1993 (Cth). By operation of s 20 of the Native Title (New South Wales) Act 1994 (NSW), that grant extinguished any native title in relation to the land. The application was unopposed for the purposes of s 86G, the formal notification requirements were established, and the Court had power to make the negative determination sought.

Court Disposition

Application granted; determination made that no native title exists in the land.

Orders

  • ['No native title exists in the land described as all of Lots 1, 2 and 3 in Deposited Plan 39760 and located in the Local Government Area of Randwick, Parish of Botany, County of Cumberland, New South Wales.']