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Forster Local Aboriginal Land Council v New South Wales Native Title Services Limited  FCA 1455
|Binomial Name:||Federal Court of Australia|
|Date:||7 November 2006|
|Sub Category:||Case Law | Unopposed Determination|
|Location:||New South Wales, Australia|
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|Forster, Great Lakes Local Government Area, Parish of Forster and County of Gloucester, New South Wales.|
|Legal Status:||Registered on the National Native Title Register (|
|Legal Reference:||National Native Title Tribunal File No: NN05/14; F|
|Forster Local Aboriginal Land Council v New South Wales Native Title Services Limited  FCA 1455|
Between:Forster Local Aboriginal Land Council (APPLICANT) AND NSW Native Title Services Ltd (RESPONDENT)
Judge: Graham J
Where Made: Sydney
This is an unopposed determination and a non-claimant application under the Native Title Act 1993 (Cth).
Native title was found not to exist in the determination area.
In September 2004 members of the Forster Local Aboriginal Land Council (the Council) passed a resolution to sell some land (approximately 3325 square metres) that had been transferred to it under the Aboriginal Land Rights Act 1983 (NSW), but according to section 40AA(1) of the Aboriginal Land Rights Act the Council could not dispose of or otherwise deal with the land without first obtaining an 'approved determination of native title' in respect of it.
An application under the Native Title Act 1993(Cth) was made to the court for such a determination. NSW Native Title Services became joined as a respondent to the application and notified the court in writing that it did not oppose an order being made in the terms sought by the Council. A 'Short Minutes of Order' was signed by the parties to this effect.
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