West Wyalong Local Aboriginal Land Council v Attorney-General of New South Wales

The West Wyalong Local Aboriginal Land Council sought a determination under the Native Title Act 1993 (Cth) that no native title exists over certain land in New South Wales. The case was heard by the Federal Court of Australia. The primary legal issue before the court was whether the applicant had established on the balance of probabilities that no native title exists in the application area, and if the court had the power to make such a determination.

The court found that all prescribed conditions for making a determination that no native title exists had been met. The application had been advertised, no other native title determination applications or relevant entries existed, the notification period had ended with no opposition, and the court had the power to make such a determination. The court also noted that the Aboriginal Land Rights Act 1983 (NSW) requires an approved determination of native title before land can be dealt with, making the issue not moot. The court was satisfied that the applicant had established on the balance of probabilities that no native title exists in the application area, based on the direct and uncontradicted evidence of local elders.

The court made a determination that no native title exists in the specified land. No order was made as to costs.