West Wyalong Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1194

FEDERAL COURT OF AUSTRALIA

West Wyalong Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1194 File number: NSD 1831 of 2016

Judge: PERRY J

Date of judgment: 10 August 2018

Catchwords: NATIVE TITLE – non-claimant application under the Native Title Act 1993 (Cth)– where applicant/Aboriginal Land Council prevented from dealing with the land by the Aboriginal Land Rights Act 1983 (NSW) absent a determination of no native title – role of State Minister in such cases – where application not opposed – observations as to the caution to be exercised where making determinations operating as against the whole world - where direct and uncontradicted evidence of local elders – determination made that no native title exists

Legislation: Native Title Act 1993 (Cth) ss 61, 86G Aboriginal Land Rights Act 1983 (NSW) ss 36, 42

Cases cited: Anderson on behalf of the Wulli Wulli People v State of Queensland (No 3) [2015] FCA 821 CG v Western Australia [2016] FCAFC 67; (2016) 240 FCR 466 Jerringa Local Aboriginal Land Council v Attorney-General of the State of NSW [2013] FCA 562 Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales [2012] FCA 792 Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; (2002) 214 CLR 422 Mudgee Local Aboriginal Land Council v Attorney-General of NSW [2013] FCA 668 Munn (for and on behalf of the Gunggari People) v Queensland [2001] FCA 1229; (2001) 115 FCR 109 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; (2010) 181 FCR 320