Mudgee Local Aboriginal Land Council v Attorney General of NSW [2013] FCA 668

FEDERAL COURT OF AUSTRALIA

Mudgee Local Aboriginal Land Council v Attorney General of NSW [2013] FCA 668 Citation: Mudgee Local Aboriginal Land Council v Attorney General of NSW [2013] FCA 668

Parties: MUDGEE LOCAL ABORIGINAL LAND COUNCIL v ATTORNEY GENERAL OF NEW SOUTH WALES

File number(s): NSD 818 of 2011

Judge(s): JAGOT J

Date of judgment: 27 June 2013

Catchwords: NATIVE TITLE – non-claimant application – declaration that no native title exists

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

Cases cited: Violet Carr on behalf of the Wellington Valley Wiradjuri People v Premier of New South Wales [2013] FCA 200

Date of hearing: 27 June 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: P M Lane

Solicitor for the Applicant: Hannaford Cox Connellan & McFarland

Counsel for the Respondent: A Barrett

Solicitor for the Respondent: Crown Solicitor

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 818 of 2011

BETWEEN: MUDGEE LOCAL ABORIGINAL LAND COUNCIL

Applicant

AND: ATTORNEY GENERAL OF NEW SOUTH WALES

Respondent

JUDGE: JAGOT J DATE OF ORDER: 27 JUNE 2013 WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. No native title exists in the land described as all of lot 7003 in Deposited Plan 1020312 and located at 171 Hill End Road, Caerleon via Mudgee, in the local government area of the Mid Western Regional Council, parish of Munna, county of Wellington, State of New South Wales. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.