Korewal People Longbottom v NSW Minister for Land & Water Conservation (No 2)

The Korewal People Longbottom sought to establish native title over certain lands and waters in New South Wales. They took their case to the Federal Court of Australia. The Minister for Land and Water Conservation of New South Wales opposed the claim. The court was tasked with determining the validity of the native title claim and whether the applicants were entitled to the declaration of native title over the specified lands and waters.

The central legal issue before the court was whether the applicants had established a connection to the land and waters that could be recognised as native title under Australian law. The court examined the historical, cultural, and traditional practices of the Korewal People and the continuity of those practices. The applicants needed to demonstrate that they had maintained a connection to the land and that this connection was recognised by their traditional laws and customs. The Minister argued that the applicants could not prove the necessary connection to the land, and therefore, no native title could be recognised.

The court found that the applicants had not demonstrated a sufficient connection to the land and waters claimed. The evidence presented did not establish a continuous and acknowledged connection to the area that could be recognised as native title. The court held that the applicants failed to meet the necessary criteria for the recognition of native title. Consequently, the court dismissed the application for native title and the subsequent application to amend the original claim. The applicants' attempt to establish native title over the specified lands and waters was unsuccessful.