Eden Local Aboriginal Land Council v Minister for Lands [2008] FCA 1934

FEDERAL COURT OF AUSTRALIA

Eden Local Aboriginal Land Council v Minister for Lands [2008] FCA 1934

NATIVE TITLE –non-claimant application for declaration that no native title exists – application made co-operatively for purpose of s 86G(2) of the Act

Native Title Act 1993 (Cth) ss 61 and 86G(2)

Kennedy v Queensland (2002) 190 ALR 707 cited EDEN LOCAL ABORIGINAL LAND COUNCIL v MINISTER FOR LANDS and NTSCORP LIMITED

NSD 1246 of 2007

JACOBSON J

17 DECEMBER 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1246 of 2007

BETWEEN: EDEN LOCAL ABORIGINAL LAND COUNCIL

Applicant

AND: MINISTER FOR LANDS

First Respondent

NTSCORP LIMITED

Second Respondent

JUDGE: JACOBSON J

DATE OF ORDER: 17 DECEMBER 2008

WHERE MADE: SYDNEY

THE COURT:

1. Declares that no native title exists in relation to: (a) Part of Lot 98 in Deposited Plan DP1036338 being an area 5 metres wide following the line of an existing water pipe, marked in yellow on the plan "A1"; (b) Part of Lots 99 and 100 in Deposited Plan DP1040981 being an area 5 metres wide following the line of an existing water pipe, marked in yellow on sheets 1 and 2 of the plan "A2". 2. Declares that no native title exists in relation to: (a) Part of Lot 101 in Deposited Plan DP1040981 being an area 20 metres wide edged in yellow and marked "A" on the plan "A3"; (b) Part of Lot 99 in Deposited Plan DP1040981 being an area edged in yellow and marked "B" on the plan "A3". 3. Orders that the Applicant's costs of the application be paid by the First Respondent. NB. The plans referred to in these orders have been placed with the Court papers. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA