Leeton and District Local Aboriginal Land Council v Attorney General of New South Wales [2021] FCA 356

Leeton and District Local Aboriginal Land Council v Attorney General of New South Wales [2021] FCA 356

The grant of an estate in fee simple over Lot 18 in 1885, and the grant of Special Lease 1926-3 under s 75 of the Crown Lands Consolidation Act 1913 (NSW) for grazing and agriculture over Lots 264 and 280, were previous exclusive possession acts that permanently extinguished any native title. Accordingly, the...

Source-derived case information.

Parties
Applicant: Leeton and District Local Aboriginal Land Council; First Respondent: Attorney General of New South Wales; Second Respondent: NTSCORP Limited
Jurisdiction
Australia
Judgment Date
14 April 2021
Procedural Posture
Non Claimant Application Under the Native Title Act 1993 (cth) / Determination on the Papers
Outcome
Application granted. Determination made that no native title exists.
Legal Topics
Native Title Act 1993 (cth) Procedure, Extinguishment of Native Title, Previous Exclusive Possession Acts, Aboriginal Land Rights Act 1983 (nsw), Native Title (new South Wales) Act 1994 (nsw)
Native Title Native Title Act 1993 (cth) Procedure Extinguishment of Native Title Previous Exclusive Possession Acts Aboriginal Land Rights Act 1983 (nsw) Native Title (new South Wales) Act 1994 (nsw)

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Summary, issues, holding and outcome

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Parties

Leeton and District Local Aboriginal Land Council

Applicant

Attorney General of New South Wales

First Respondent

NTSCORP Limited

Second Respondent

Procedural Posture

Non Claimant Application Under the Native Title Act 1993 (cth) / Determination on the Papers

Legal Issues

  1. 1 Whether native title exists over the specified land parcels
  2. 2 Whether the grant of estate in fee simple extinguished native title
  3. 3 Whether the grant of a special lease under s 75 of the Crown Lands Consolidation Act 1913 (NSW) extinguished native title

Ratio Decidendi

The grant of an estate in fee simple over Lot 18 in 1885, and the grant of Special Lease 1926-3 under s 75 of the Crown Lands Consolidation Act 1913 (NSW) for grazing and agriculture over Lots 264 and 280, were previous exclusive possession acts that permanently extinguished any native title. Accordingly, the applicant has satisfied the court that no native title exists in the relevant land, and it is appropriate to make a determination to that effect.

Court Disposition

Application granted. Determination made that no native title exists.

Orders

  • The non-claimant application to be determined on the papers without a hearing pursuant to s 86G of the Native Title Act 1993 (Cth).
  • No native title exists in the land described as Lot 18 in DP 751682, Lot 264 in DP 751682, and Lot 280 in DP 726688.