Nambucca Heads Local Aboriginal Land Council v Minister for Lands [2009] FCA 624

Nambucca Heads Local Aboriginal Land Council v Minister for Lands [2009] FCA 624

There is no evidence of native title subsisting in lot 526, and neither the Minister nor NTSCORP opposed the application. It was appropriate to make a determination that no native title exists in relation to the land.

Jurisdiction
Australia
Judgment Date
10 June 2009
Procedural Posture
Non Claimant Application for Determination of Native Title / Final Judgment
Outcome
Application granted
Legal Topics
['native Title Determination' 'disposal of Aboriginal Land' 'statutory Interpretation']
['property Law' 'aboriginal and Indigenous Law'] ['native Title Determination' 'disposal of Aboriginal Land' 'statutory Interpretation']

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Procedural Posture

Non Claimant Application for Determination of Native Title / Final Judgment

Legal Issues

  1. 1 ['Whether native title exists in relation to lot 526 owned by Nambucca Heads Local Aboriginal Land Council']

Ratio Decidendi

There is no evidence of native title subsisting in lot 526, and neither the Minister nor NTSCORP opposed the application. It was appropriate to make a determination that no native title exists in relation to the land.

Court Disposition

Application granted

Orders

  • ['No native title exists in relation to the land subject to the application, and such determination is an approved determination as required by s 40AA of the Aboriginal Land Rights Act 1983 (NSW).']