Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales

The Deerubbin Local Aboriginal Land Council applied to the Federal Court for a determination of native title in relation to certain land in New South Wales. The application was made under section 61(1) of the Native Title Act 1993 (Cth) as a non-claimant application, meaning the Land Council did not assert any native title rights or interests over the land. The primary issue before the Court was whether it had the power and whether it was appropriate to make the orders sought in the application, which was to determine that native title did not exist over the land.

The Court was satisfied that the formal requirements for such an application had been met and that it had the power to make the orders sought. It noted that the National Native Title Tribunal had confirmed that the application and accompanying documents had been given to the relevant parties, as required by section 66(2) and (2A) of the Native Title Act. Additionally, the application had been publicly notified in the prescribed manner. The Court also considered that it was appropriate to make the orders sought, as there was no opposition to the application and the land was subject to an estate in fee simple held by the Land Council, subject to any existing native title rights.

In light of the above, the Court allowed the application and made the determination that native title did not exist in relation to the land. The Court made no order as to costs, in accordance with Rule 39.32 of the Federal Court Rules 2011.