Leeton and District Local Aboriginal Land Council v Attorney General of New South Wales

The Leeton and District Local Aboriginal Land Council sought a determination that no native title exists in certain land in New South Wales, to enable it to deal with the land without hindrance. The Attorney General of New South Wales did not oppose the application, but argued that native title had not been extinguished. The Federal Court was required to decide whether the land grants had validly extinguished native title. The court considered whether the grant of an estate in fee simple and a special lease under the Crown Lands Consolidation Act 1913 (NSW) were acts of total extinguishment of native title, confirmed by the Native Title (New South Wales) Act 1994 (NSW). The court concluded that the land council had discharged its burden of proving that any native title in the land had been extinguished, and made a determination that no native title exists in the land.

The court noted the caution that should be exercised before making a determination that no native title exists, but considered it appropriate to exercise the discretion to grant relief in such terms. The court determined that in the absence of any such determination, no dealings may be undertaken with respect to the land for the reasons explained. The court was satisfied that the land council had discharged its burden of proving that any native title in the land had been extinguished and that it was appropriate to make a determination that no native title exists in the land. The court considered that it was appropriate to make an order under s 86G that the unopposed non-claimant application be determined on the papers without a hearing pursuant to s 86G of the Native Title Act 1993 (Cth). There will be no order as to costs.

The orders of the court are that the non-claimant application is to be determined on the papers without a hearing pursuant to s 86G of the Native Title Act 1993 (Cth). The court also makes a determination that no native title exists in the land described as Lot 18 in DP 751682, Lot 264 in DP 751682, and Lot 280 in DP 726688, located in the Local Government Area of Narrandera Shire Council, Parish of Brobenah, County of Cooper, in the State of New South Wales. There is no order as to costs. Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.