Federal Court of Australia
Federal Court of Australia
Darkinjung Local Aboriginal Land Council v Attorney General of New South Wales [2022] FCA 1555 File number: NSD 1189 of 2020
Judgment of: BURLEY J
Date of judgment: 22 December 2022
Catchwords: NATIVE TITLE – non-claimant application under the Native Title Act 1993 (Cth) – application by Local Aboriginal Land Council for declaration that native title does not exist in respect of certain land and waters in New South Wales – application made in order to permit Land Council to deal with the land – whether the land was subject to previous exclusive possession acts that extinguished native title – whether such acts granted or vested a "Scheduled interest" pursuant to the Native Title Act – determination made that no native title exists
Legislation: Native Title Act 1993 (Cth) ss 11, 13, 23B, 23C, 23E, 24FA, 61, 63, 66, 68, 84, 86G, 203FE, 225, 237A, 249C, 253, Sch 1 Part 1 Aboriginal Land Rights Act 1983 (NSW) ss 39(9), 42 Crown Lands Act 1884 (NSW) s 90 Crown Lands Consolidation Act 1913 (NSW) ss 3, 75, 75B, 129B Native Title (New South Wales) Act 1994 (NSW) s 20
Cases cited: CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; 240 FCR 466 Jerrinja Local Aboriginal Land Council v Attorney General of the State of NSW [2013] FCA 562 Leeton and District Local Aboriginal Land Council v Attorney General of New South Wales [2021] FCA 356 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 State of Queensland [2019] FCAFC 233; 274 FCR 41 Ohlsen on behalf of the Ngemba/Ngiyampaa People v Attorney General of New South Wales [2021] FCA 169 Queensland Rifle Association Inc v State of Queensland [2021] FCA 110 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; 181 FCR 320
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