Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 147

FEDERAL COURT OF AUSTRALIA

Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 147 Citation: Worimi Local Aboriginal Land Council v Attorney-General of New South Wales [2012] FCA 147

Parties: WORIMI LOCAL ABORIGINAL LAND COUNCIL v ATTORNEY-GENERAL OF NEW SOUTH WALES and NTSCORP LIMITED

File number: NSD 1732 of 2010

Judge: COWDROY J

Date of judgment: 29 February 2012

Catchwords: NATIVE TITLE – application for determination that no native title rights and interests exist – where application unopposed – whether any such native title exists – consideration of applicable principles

Legislation: Aboriginal Land Rights Act 1983 (NSW) Native Title Act 1993 (Cth)

Date of hearing: 17 February 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 24

Solicitor for the Applicant: Bilbie Dan Solicitors

Solicitor for the First Respondent Crown Solicitors

Counsel for the Second Respondent Ms S.B. Phillips

Solicitor for the Second Respondent NTSCORP

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1732 of 2010

BETWEEN: WORIMI LOCAL ABORIGINAL LAND COUNCIL

Applicant

AND: ATTORNEY-GENERAL OF NEW SOUTH WALES

First Respondent

NTSCORP LIMITED

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 29 FEBRUARY 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The name of the State Minister who is the First Respondent to these proceedings pursuant to s 84(4) of the Native Title Act 1993 (Cth) be changed from the Premier of New South Wales to the Attorney-General of New South Wales. 2. There be a native title determination that no native title exists in Lot 491 in Deposited Plan 727810 being the land contained in Folio Identifier 491/727810 being land known as 74 Port Stephens Drive, Taylors Beach NSW 2316. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.