New South Wales Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 112

New South Wales Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 112

The application, brought by the registered proprietor of the land as a non-claimant, is unopposed, complies with statutory notification and procedural requirements, and there is no prior approved determination of native title in relation to Lot 323 DP 823189. Consequently, the Court determines under s 86G of the...

Source-derived case information.

Parties
Applicant: New South Wales Aboriginal Land Council; First Respondent: New South Wales Native Title Services Limited; Second Respondent: Illawarra Local Aboriginal Land Council
Jurisdiction
Australia
Judgment Date
06 February 2007
Procedural Posture
Non Claimant Application Under the Native Title Act 1993 (cth) / Final Determination
Outcome
Application granted; determination that no native title exists.
Legal Topics
Determination of Native Title, Non Claimant Applications, Standing Under Native Title Act, Procedural Compliance, Transfer of Aboriginal Land
Native Title Law Determination of Native Title Non Claimant Applications Standing Under Native Title Act Procedural Compliance Transfer of Aboriginal Land

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Parties

New South Wales Aboriginal Land Council

Applicant

New South Wales Native Title Services Limited

First Respondent

Illawarra Local Aboriginal Land Council

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether native title exists in relation to Lot 323 DP 823189
  2. 2 Whether applicant has standing under s 61(1) of Native Title Act 1993 (Cth)
  3. 3 Whether procedural requirements, including notification provisions, have been complied with

Ratio Decidendi

The application, brought by the registered proprietor of the land as a non-claimant, is unopposed, complies with statutory notification and procedural requirements, and there is no prior approved determination of native title in relation to Lot 323 DP 823189. Consequently, the Court determines under s 86G of the Native Title Act 1993 (Cth) that no native title exists for the land.

Court Disposition

Application granted; determination that no native title exists.

Orders

  • New South Wales Aboriginal Land Council substituted for Illawarra Local Aboriginal Land Council as applicant.
  • Illawarra Local Aboriginal Land Council joined as respondent.