Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479

Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479

The Federal Court is satisfied that the parties have entered into a valid and binding Indigenous Land Use Agreement, including the surrender of any native title rights and interests. The Court has the power under s 87 of the Native Title Act 1993 (Cth) to make orders by consent in these terms and it would be an appropriate exercise of the Court’s discretion to do so; therefore, native title does not exist in the land the subject of the application.

Parties
Applicant: Lorna Kelly; Applicant: Linda Vidler; First Respondent: New South Wales Aboriginal Land Council; Second Respondent: Minister for Land and Water Conservation for the State of New South Wales; Third Respondent: Telstra Corporation Limited
Jurisdiction
Australia
Judgment Date
23 October 2001
Procedural Posture
Native Title Determination Application / Determination by Consent Under S 87 of the Native Title Act 1993 (cth)
Outcome
Native title does not exist in the land the subject of the application. Each party liable to pay their own costs.
Legal Topics
Indigenous Land Use Agreement, Surrender of Native Title, Court Powers Under Native Title Act 1993 S 87, Consent Orders
Native Title Indigenous Land Use Agreement Surrender of Native Title Court Powers Under Native Title Act 1993 S 87 Consent Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Lorna Kelly

Applicant

Linda Vidler

Applicant

New South Wales Aboriginal Land Council

First Respondent

Minister for Land and Water Conservation for the State of New South Wales

Second Respondent

Telstra Corporation Limited

Third Respondent

Procedural Posture

Native Title Determination Application / Determination by Consent Under S 87 of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 Whether the Federal Court has power under s 87 Native Title Act 1993 (Cth) to make orders by consent that native title does not exist
  2. 2 Whether surrender of native title pursuant to registered Indigenous Land Use Agreement is valid and binding
  3. 3 Whether it is appropriate to exercise the Court's discretion for the orders sought

Ratio Decidendi

The Federal Court is satisfied that the parties have entered into a valid and binding Indigenous Land Use Agreement, including the surrender of any native title rights and interests. The Court has the power under s 87 of the Native Title Act 1993 (Cth) to make orders by consent in these terms and it would be an appropriate exercise of the Court’s discretion to do so; therefore, native title does not exist in the land the subject of the application.

Court Disposition

Native title does not exist in the land the subject of the application. Each party liable to pay their own costs.

Orders

  • Native title does not exist in the land the subject of native title determination application NC97/36 (NG6088/98).
  • Each party shall be liable to pay their own costs arising from the proceedings.