Bandjalang People No 3 v Attorney-General of New South Wales

The Federal Court of Australia, led by RARES J, granted a consent determination in favour of the Bandjalang People, recognising their non-exclusive native title rights and interests over 52 parcels of land in New South Wales. The court had to decide whether the consent determination was within its power under s 87(1)(c) of the Native Title Act 1993 (Cth) to disregard the extinguishment under s 47A(2) of the Act by the original grant of freehold. The parcels of land had been leased in 1899 to the Colony to establish and construct a public work, and the freehold was later vested in the Land Council under the Aboriginal Land Rights Act 1985 (NSW) for the benefit of Aboriginal peoples. The court concluded that s 47A(2) would apply, allowing it to make the consent determination as proposed. The court found that the parties had reached a proper agreement and that the State had played an active role in evaluating the material and evidence on which its consent was based. The final orders recognised the Bandjalang people's native title rights and interests over the 52 parcels of land, protecting them by both their own system of law and the orders of the Court.