Jerrinja Local Aboriginal Land Council v Attorney General of the State of NSW

Jerrinja Local Aboriginal Land Council sought a declaration that Lot 96 in Deposit Plan 1069334 in Shoalhaven Heads, New South Wales, was not subject to native title. Jerringa Traditional Owners Aboriginal Corporation opposed the application. The Aboriginal Land Rights Act 1983 (NSW) required a determination of the existence of native title before land could be dealt with by an Aboriginal land council. The evidence comprised affidavits and oral evidence from members of the Jerrinja People. The evidence established that Lot 96 was urban land, surrounded by urban development, with no cultural significance to the Jerrinja People. The Jerrinja People did not believe there was any continuing connection with Lot 96 by reason of traditional law and custom. The court found that the Jerrinja Local Aboriginal Land Council had discharged its onus of proof and declared that no native title existed in relation to Lot 96.