Ngambri Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 1484

Ngambri Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 1484

The evidence establishes that Ngambri Local Aboriginal Land Council holds non-native title interests in the land, that the statutory procedural requirements have been met, and that evidence from a traditional owner indicates the land has no cultural or heritage significance and is not suitable for customary Aboriginal activities; consequently, there is no native title in the subject lands.

Jurisdiction
Australia
Judgment Date
19 December 2012
Procedural Posture
Non Claimant Application Under Native Title Act 1993 (cth) / Final Determination
Outcome
Native title determination that no native title exists in the subject land (three lots).
Legal Topics
['native Title Determination' 'non Claimant Application' 'aboriginal Land Rights']
['native Title'] ['native Title Determination' 'non Claimant Application' 'aboriginal Land Rights']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether native title exists in three specified lots of land']

Ratio Decidendi

The evidence establishes that Ngambri Local Aboriginal Land Council holds non-native title interests in the land, that the statutory procedural requirements have been met, and that evidence from a traditional owner indicates the land has no cultural or heritage significance and is not suitable for customary Aboriginal activities; consequently, there is no native title in the subject lands.

Court Disposition

Native title determination that no native title exists in the subject land (three lots).

Orders

  • ['No native title exists in Lot 87 in Deposited Plan 41996.' 'No native title exists in Lot 65 in Deposited Plan 754907.' 'No native title exists in Lot 113 in Deposited Plan 821709.']