Worimi Local Aboriginal Land Council v Attorney General of New South Wales [2018] FCA 1329

Worimi Local Aboriginal Land Council v Attorney General of New South Wales [2018] FCA 1329

The Court found that no individual or group asserted a current native title claim to Lot 264, and the evidence showed the land was not the subject of cultural or traditional use and had been subject to significant disturbance by quarrying and landfill, making native title unlikely to exist. The applicant discharged its onus. Therefore, the Court determined that native title does not exist in relation to the described area.

Jurisdiction
Australia
Judgment Date
30 August 2018
Procedural Posture
Non Claimant Application / Final Hearing and Judgment
Outcome
Application granted
Legal Topics
['non Claimant Application' 'extinguishment of Native Title' 'aboriginal Land Rights Act' 'public Works and Native Title' 'proof of Native Title']
['native Title' 'aboriginal Land Rights'] ['non Claimant Application' 'extinguishment of Native Title' 'aboriginal Land Rights Act' 'public Works and Native Title' 'proof of Native Title']

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Procedural Posture

Non Claimant Application / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether native title exists in relation to Lot 264 on DP48801 at Clarence Town in New South Wales' 'Whether any native title rights that might have existed have been extinguished by prior acts, particularly public works']

Ratio Decidendi

The Court found that no individual or group asserted a current native title claim to Lot 264, and the evidence showed the land was not the subject of cultural or traditional use and had been subject to significant disturbance by quarrying and landfill, making native title unlikely to exist. The applicant discharged its onus. Therefore, the Court determined that native title does not exist in relation to the described area.

Court Disposition

Application granted

Orders

  • ['Native title does not exist in relation to the area of land and waters comprised in Lot 264 on DP48801 at Clarence Town in New South Wales.' 'There is no order as to costs.']