Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth) [2012] FCA 792

Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth) [2012] FCA 792

Validly granted leases for business, tourist, holiday, or residential purposes under s 28A of the Western Lands Act 1901 (NSW), granted before 23 December 1996, constitute 'previous exclusive possession acts' under s 23B(2) of the Native Title Act 1993 (Cth) and the Native Title (New South Wales) Act 1994 (NSW). As such, native title has been extinguished over the subject lots; therefore, the Court declared the lots not subject to native title.

Parties
Applicant: Lightning Ridge Local Aboriginal Land Council; First Respondent: Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth); Second Respondent: NTSCORP Limited
Jurisdiction
Australia
Judgment Date
31 July 2012
Procedural Posture
Non Claimant Application for Native Title Determination / Judgment and Orders After Unopposed Hearing
Outcome
Declaration granted; application allowed; no order as to costs
Legal Topics
Native Title, Extinguishment of Native Title, Aboriginal Land Council Powers, Previous Exclusive Possession Acts
Aboriginal and Torres Strait Islander Law Property Law Administrative Law Native Title Extinguishment of Native Title Aboriginal Land Council Powers Previous Exclusive Possession Acts

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Parties

Lightning Ridge Local Aboriginal Land Council

Applicant

Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth)

First Respondent

NTSCORP Limited

Second Respondent

Procedural Posture

Non Claimant Application for Native Title Determination / Judgment and Orders After Unopposed Hearing

Legal Issues

  1. 1 Whether any of the specified parcels of land are subject to native title
  2. 2 Whether specified leases extinguished native title under s 23B(2) of the Native Title Act 1993 (Cth)
  3. 3 Whether leases were validly granted under s 28A of the Western Lands Act 1901 (NSW)

Ratio Decidendi

Validly granted leases for business, tourist, holiday, or residential purposes under s 28A of the Western Lands Act 1901 (NSW), granted before 23 December 1996, constitute 'previous exclusive possession acts' under s 23B(2) of the Native Title Act 1993 (Cth) and the Native Title (New South Wales) Act 1994 (NSW). As such, native title has been extinguished over the subject lots; therefore, the Court declared the lots not subject to native title.

Court Disposition

Declaration granted; application allowed; no order as to costs

Orders

  • Declared that Lot 95 in Deposited Plan 47951, Lot 87 in Deposited Plan 822053, Lot 2 in Section 12 of Deposited Plan 758612, and Lot 8 in Section 15 of Deposited Plan 758612 are not subject to native title.
  • No order as to costs.