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

The case of Worimi Local Aboriginal Land Council v Attorney General of New South Wales involved the Worimi Local Aboriginal Land Council as the applicant seeking a determination on the existence of native title over certain lands. The respondent was the Attorney General of New South Wales. The primary issue before the Court was whether the determination of the application on the papers was permissible under section 66 of the Native Title Act 1993 (Cth) and whether the Court had the requisite power to make such a determination. Additionally, the Court needed to consider whether native title had been extinguished due to a prior exclusive possession act, specifically the grant of a scheduled interest.

The Court found that the application was unopposed and that the respondent had notified the Court of their non-opposition. This satisfied the first limb of section 86G(1) of the Native Title Act. Regarding the second limb, the Court examined whether an order consistent with the terms sought by the applicant was within its power. The Court noted that native title could be deemed non-existent either because it was not claimed or could not be proved by a claimant, or because it had been extinguished by prior acts of the Crown. The applicant relied on the former basis, supported by the absence of any response to public notices and the lack of any previous approved determination of native title over the land in question. The Court was satisfied that no other group asserted a claim to the land, supporting the inference of the absence of native title.

Consequently, the Court determined that the application met both limbs of section 86G(1) and was satisfied that it had the power to make the determination. Given the unopposed nature of the application and the absence of any competing claims, the Court granted the application as sought by the applicant. The orders made were consistent with the terms of the application, affirming the absence of native title over the specified land.