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New South Wales Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 112

Category: Case Law
Binomial Name: Federal Court of Australia
Sub Category:Case Law | Unopposed Determination
Location:Wollongong, New South wales, Australia
Legal Status: Registered on the National Native Title Tribunal
Legal Reference: Federal Court no. NSD1272/05; National Native Title Tribunal No. NN05/11
Alternative Names:
  • Illawarra Local Aboriginal Land Council
  • URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/2007/112.html
    Summary Information:
    New South Wales Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 112

    Between: New South Wales Aboriginal Land Council (APPLICANT)

    AND

    New South Wales Native Title Services Ltd (FIRST RESPONDENT)

    Illawarra Local Aboriginal Land Council (SECOND RESPONDENT)

    Judge: Graham J
    Where: Sydney

    6 February 2007

    Determination:Native Title does not exist in the determination area.
    Detailed Information:
    On 28 July 2005, Illawarra Local Aboriginal Land Council filed a non-claimant application pursuant to section 61(1) of the Native Title Act 1993 (Cth). The application sought a determination of native title over 2,715 hectares of land ‘located in the Wollongong Local Government area, Parish of Kembla, County of Camden, having a frontage to West Dapto Road, Kembla Grange. It is described as Lot 323 in Deposited Plan number 823189’ (Determination, Paragraph 4).

    The Court found that the application was
    • ‘unopposed within the meaning of s 86G;
    • that the Court has jurisdiction to hear the application and make the orders sought;
    • that appropriate notice of the application has been given; and
    • that no prior determination of native title has been made in relation to the Land’ (Determination, Paragraph 29).

    Accordingly, the court determined that native title does not exists in the determination area.

    Related Entries

    Organisation
  • New South Wales Aboriginal Land Council
  • New South Wales Native Title Services Limited - Respondent
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)

  • References

    General Reference
    Federal Cuurt of Australia (6 February 2007) New South Wales Aboriginal Land Council v New South Wales Native Title Services Limited [2007] FCA 112

    Glossary

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

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