Gale v Minister for Land & Water Conservation for the State of New South Wales [2004] FCA 374

FEDERAL COURT OF AUSTRALIA

Gale v Minister for Land & Water Conservation for the State of New South Wales [2004] FCA 374 NATIVE TITLE – application for a determination of native title – small area of land on outskirts of Sydney – granting of previous State 'land rights claim' probably had extinguished native title of the subject land – applicant withdrew from proceedings – respondents seeking a determination of the non-existence of native title in relation to the subject land – necessity for Court to be satisfied such a course is proper – intended lay and expert evidence largely untested – whether present existence of an Aboriginal society – whether requisite continuity of society in claimant group – whether continuity of traditional laws and customs allegedly acknowledged and observed by claimant group – insufficient evidence to establish that the claimants constitute a society observing traditional laws and customs – insufficient evidence of a connection with the land by claimant group – no acceptable evidence to identify relevant native title rights and interests – proper to make determination as asked by respondents – no native title in relation to the claimed land.

Native Title Act 1993 (Cth) Aboriginal Land Rights Act 1983 (NSW) Racial Discrimination Act 1975 (Cth)

Smith v Western Australia (2000) 104 FCR 494, cited Munn v Queensland (2001) 115 FCR 109, cited Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 194 ALR 534, applied Mabo v Queensland (No. 2) (1992) 175 CLR 1, discussed De Rose v South Australia [2003] FCAFC 286, cited Western Australia v Ward (1997) 76 FCR 492, cited The Lardil Peoples v State of Queensland [2004] FCA 298, cited

DENNIS CHARLES GALE (on behalf of THE DARUG PEOPLE) v MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES & ORS