Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2)

The case of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2) involves the Land Council's application for a determination that no native title exists over a specific lot of land, Lot 576, which it intends to sell. Worimi, a native title claimant, sought to challenge this application. The key legal issues included whether the Land Council had discharged the burden of proving, on the balance of probabilities, that no native title existed over the specified lot and whether the Court should consider evidence beyond the immediate lot in question. The court had to determine if there was a presumption of native title under the relevant legislation and what standard of proof applied in such cases.

The court ruled that the Act permits non-claimant applications for determinations of the absence of native title over land, providing a statutory guarantee of validity for future acts. The Minister for Lands had an interest in the proceedings to ensure that if the court was not satisfied that there was no native title, it would not make findings necessary for a positive determination of native title. The court also noted that these proceedings did not enable Worimi to obtain a declaration that native title exists. The onus was on the applicant to establish the absence of native title on the balance of probabilities. The court held that there was no indication in the Act that there was a presumption that native title exists, which must be displaced by an applicant seeking a determination of the absence of native title. The court found that the Land Council had discharged its burden by providing evidence that, on the balance of probabilities, no native title existed over Lot 576. The court concluded that it was not necessary for the Land Council to demonstrate an absence of native title throughout the Port Stephens area, and evidence that went beyond Lot 576 was relevant only insofar as it related to the question of native title rights and interests over Lot 576.

The court granted the Land Council's application, determining that no native title exists in relation to Lot 576, as specified in the order.