Tweed Byron Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 936

FEDERAL COURT OF AUSTRALIA

Tweed Byron Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 936 File number: NSD 2201 of 2017

Judge: PERRY J

Date of judgment: 19 June 2019

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 – whether vesting of estate in fee simple in a State statutory body under s 43, Public Works Act 1912 (NSW) validly extinguished any native title in the land at common law – where total extinguishment by the vesting as a previous exclusive possession act is confirmed by the Native Title (NSW) Act 1994 (NSW) – determination made that no native title exists

Legislation: Native Title Act 1993 (Cth) ss 6, 23B(2), (9C) Aboriginal Land Rights Act 1983 (NSW) Public Works Act 1912 (NSW) s 43 Native Title (New South Wales) Act 1994 (NSW) s 20

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 Deerubbin Local Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1067 Jerrinja 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 in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth) [2012] FCA 792 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 Western Australia v Ward [2002] HCA 28; (2002) 213 CLR 1 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; (2010) 181 FCR 320