Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 146

Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 146

The evidence and statutory prerequisites satisfy the Court that no native title exists in the subject land and the non-claimant application is unopposed within the meaning of s 86G(2) Native Title Act 1993 (Cth). Accordingly, the order sought is within the Court's power and is made.

Jurisdiction
Australia
Judgment Date
29 February 2012
Procedural Posture
Non Claimant Native Title Determination Application / Final Judgment and Orders
Outcome
Native title determination—no native title exists in the subject land; unopposed order granted.
Legal Topics
['determination That No Native Title Exists' 'unopposed Application' 'aboriginal Land Rights']
['native Title Law'] ['determination That No Native Title Exists' 'unopposed Application' 'aboriginal Land Rights']

Case Brief

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Procedural Posture

Non Claimant Native Title Determination Application / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether native title exists in Lot 2 in Deposited Plan 1145824, Salt Ash NSW' 'Whether the application is unopposed within the meaning of s 86G(2) Native Title Act 1993 (Cth)' 'Whether orders sought are within power of the Court under s 86G Native Title Act 1993 (Cth)']

Ratio Decidendi

The evidence and statutory prerequisites satisfy the Court that no native title exists in the subject land and the non-claimant application is unopposed within the meaning of s 86G(2) Native Title Act 1993 (Cth). Accordingly, the order sought is within the Court's power and is made.

Court Disposition

Native title determination—no native title exists in the subject land; unopposed order granted.

Orders

  • ['The name of the State Minister who is the First Respondent be changed from the Premier of New South Wales to the Attorney-General of New South Wales.' 'Determination that no native title exists in Lot 2 in Deposited Plan 1145824, Salt Ash NSW.']