Tweed Byron Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 936

Tweed Byron Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 936

Any native title in the land was extinguished in whole by the 1988 appropriation and vesting of an estate in fee simple in a State statutory authority under s 43 of the Public Works Act 1912 (NSW), and accordingly, no native title exists in relation to the land.

Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Non Claimant Application / Final Determination
Outcome
Native title does not exist in relation to the area of land and waters comprised in Lot 1 DP1117599 and Lot 2 DP 1117599, Parish of Cudgen, County of Rous, in the State of New South Wales.
Legal Topics
['extinguishment of Native Title' 'approved Determination of No Native Title' 'public Works Act Appropriation' 'interaction of Aboriginal Land Rights Act and Native Title Act']
['native Title'] ['extinguishment of Native Title' 'approved Determination of No Native Title' 'public Works Act Appropriation' 'interaction of Aboriginal Land Rights Act and Native Title Act']

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Procedural Posture

Non Claimant Application / Final Determination

Legal Issues

  1. 1 ['Whether native title exists in relation to the land' 'Whether vesting of estate in fee simple in a State statutory body under s 43 Public Works Act 1912 (NSW) extinguished native title']

Ratio Decidendi

Any native title in the land was extinguished in whole by the 1988 appropriation and vesting of an estate in fee simple in a State statutory authority under s 43 of the Public Works Act 1912 (NSW), and accordingly, no native title exists in relation to the land.

Court Disposition

Native title does not exist in relation to the area of land and waters comprised in Lot 1 DP1117599 and Lot 2 DP 1117599, Parish of Cudgen, County of Rous, in the State of New South Wales.

Orders

  • ['Native title does not exist in relation to the area of land and waters comprised in Lot 1 DP1117599 and Lot 2 DP 1117599, Parish of Cudgen, County of Rous, NSW.' 'There be no order as to costs.']