Awabakal Local Aboriginal Land Council v Attorney-General of New South Wales

The Awabakal Local Aboriginal Land Council sought a declaration that no native title exists in relation to certain land in New South Wales, under section 86G of the Native Title Act 1993 (Cth). The Attorney-General of New South Wales opposed the application. The Federal Court was required to determine whether the application was within its power and appropriate, and whether native title had been extinguished over the areas in question.

The court found that there was evidence to establish that native title in Areas 2 to 5 had been wholly extinguished by Petroleum and Gas (Production and Safety) Acts (PEPAs) relating to Special Lease 1959-18. The court noted that the applicant had followed the notification requirements under section 66 of the Native Title Act, and that the application was within the court's power and appropriate to be made. The court was satisfied that the orders sought were both within power and appropriate to be made.

The court made the following orders: (1) Pursuant to section 86G of the Native Title Act 1993 (Cth), native title does not exist in relation to the areas of land and waters comprised in and known as Lot 3109 in Deposited Plan 755247, Lot 1814 in Deposited Plan 42580, Lot 976 in Deposited Plan 755233, Lot 1580 in Deposited Plan 755233, and Lot 1713 in Deposited Plan 755233. (2) No order as to costs.