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Bahtabah Local Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 382

Category: Case Law
Binomial Name: Federal Court of Australia
Date: 20 March 2007
Sub Category:Unopposed Determination
Location:Mt Hutton, New South Wales, Australia
Legal Status: Registered on the National Native title Tribunal Register
Legal Reference: Federal Court File No. NSD986/06; Tribunal File No. NN06/6
Alternative Names:
  • Bahtahbah Local Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 382
  • Bahtabah Local Aboriginal Land Council #1
  • URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/2007/382.html
    Summary Information:
    Bahtabah Local Aboriginal Land Council v New South Wales Native Title Services Ltd [2007] FCA 382

    Between: Bahtabah Local Aboriginal Land Council (APPLICANT) and New South Wales Native Title Services (RESPONDENT)

    Judge:Cowdroy J
    Where: Sydney

    This is an unopposed determination and non-claimant application under the Native Title Act 1993 (Cth).

    The area covered by the native title claim is that land contained in lot 2084 in Deposited Plan 1075419 at Mount Hutton, Parish of Kahibah, County of Northumberland.

    Determination:Native Title does not exist in the determination area
    Detailed Information:
    On 10 February 2005, the land that is the subject of this determination was transferred to the Bahtabah Local Aboriginal Land Council as an estate in fee-simple, subject to any native title rights and interests in relation to the land.

    Persuant to s40 of the Land Rights Act (NSW), land transferred to the State of New South Wales or any Local Aboriginal Land Council may only be sold, exchanged, leased, disposed of, mortgaged or otherwise dealt with unless it is the subject of an approved determination of native title.

    Evidence by affidavit was supplied from the National Native Title Tribunal which established that there was no claim for native title over the determination area.

    Related Entries

    Organisation
  • New South Wales Native Title Services Limited - Respondent
  • State of New South Wales
  • Bahtahbah Local Aboriginal Land Council
  • Case Law
  • Bahtahbah Local Aboriginal Land Council (Unreported, FCA, 19 June 2003)

  • References

    General Reference
    Federal Court of Australia (20 March 2007) Bahtabah Local Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 382

    Glossary

    Native Title Determination (Australia) | Unopposed Determination (Native Title Act 1993 (Cth))

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