Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth) [2012] FCA 792

FEDERAL COURT OF AUSTRALIA

Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth) [2012] FCA 792 Citation: Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth) [2012] FCA 792

Parties: LIGHTNING RIDGE LOCAL ABORIGINAL LAND COUNCIL v PREMIER OF NEW SOUTH WALES IN HIS CAPACITY AS THE STATE MINISTER PURSUANT TO THE NATIVE TITLE ACT 1993 (CTH) and NTSCORP LIMITED

File number: NSD 1186 of 2011

Judge: PERRAM J

Date of judgment: 31 July 2012

Catchwords: ABORIGINALS – Native title – extinguishment – application by local aboriginal land council for declaration that land is not subject to native title – application made in order to permit land council to deal with the land – whether certain leases were validly granted under s 28A of the Western Lands Act 1901 (NSW) – whether such leases had extinguished native title – whether such leases constituted 'previous exclusive possession' as defined in s 23B(2) of the Native Title Act 1993 (Cth) – whether such leases granted or vested a 'Scheduled interest', such as 'tourist accommodation and facilities', 'caravan and camping park', 'holiday accommodation' and 'residence' – whether a reptile park is a tourist facility – consideration of the relationship between ss 36 and 42 of the Aboriginal Land Rights Act 1982 (NSW), ss 13, 24FA, 24FC and 61 of the Native Title Act 1993 (Cth), s 9(1) of the Racial Discrimination Act 1975 (Cth) and s 109 of the Constitution

Legislation: Constitution s 109 Native Title Act 1993 (Cth) ss 13(1), 23B(2), 23C(1), 23D, 23E, 24FA, 24FC, 36, 61, 66(3)(a), 66(3)(d), 225, 249C, 253, cll 3(6) and 3(8) of sch 1 Racial Discrimination Act 1975 (Cth) s 9(1) Aboriginal Land Rights Act 1983 (NSW) s 36, 40, 42, 50 Native Title (New South Wales) Act 1994 (NSW) s 20(1), 21 Real Property Act 1900 (NSW) s 13D Western Lands Act 1901 (NSW) s 28A