Federal Court of Australia
Federal Court of Australia
Leeton and District Local Aboriginal Land Council v Attorney General of New South Wales [2021] FCA 356 File number(s): NSD 75 of 2020
Judgment of: PERRY J
Date of judgment: 14 April 2021
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 grant of an estate in fee simple validly extinguished native title – whether grant of a special lease under s 75 of the Crown Lands Consolidation Act 1913 (NSW) validly extinguished native title – where total extinguishment by the grants as previous exclusive possession acts is confirmed by the Native Title (New South Wales) Act 1994 (NSW) – determination made that no native title exists
Legislation: Aboriginal Land Rights Act 1983 (NSW) ss 36, 40AA, 42 Crown Lands Act 1884 (NSW) s 90 Crown Lands Act 1989 (NSW) Crown Lands Consolidation Act 1913 (NSW) ss 3, 75 Lands Acts Amendment Act 1875 (NSW) s 2 Mining Act 1874 (NSW) Native Title (New South Wales) Act 1994 (NSW) ss 5, 20(1) Native Title Act 1993 (Cth) ss 11, 13, 23B, 23C, 23E, 61, 63, 66, 81, 84, 86G, 94A, 203FE, 223, 237A, 249C, 253, Sch 1, Pt 1, cl 3 Western Lands Act 1901 (NSW) s 28A
Cases cited: Brown v Western Australia [2012] FCAFC 154; (2012) 208 FCR 505 CG v Western Australia [2016] FCAFC 67; (2016) 240 FCR 466 Darkinjung Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1136 Deerubbin Local Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1067 Hayes v Northern Territory [1999] FCA 1248; (1999) 97 FCR 32 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 Mace v Queensland [2019] FCAFC 233; (2019) 274 FCR 41 Wik Peoples v Queensland (1996) 187 CLR 1 Tweed Byron Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 936 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; (2010) 181 FCR 320
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