printable versionPrint this page

Eden Local Aboriginal Land council v NTSCORP Ltd [2010] FCA 745 (15 July 2010)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 15 July 2010
Sub Category:Consent Determination (Native Title Act)
Location:Kiah, New South Wales, Australia
Land contained within Lot 98 in Deposited Plan 1036338 at Kiah in New South Wales.
Legal Reference: Federal Court No: NSD1199/09 National Native Tribunal No: NN09/6
Alternative Names:
  • Eden Local Aboriginal Land Council #2
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2010/745.html
    Summary Information:
    Eden Local Aboriginal Land council v NTSCORP Ltd [2010] FCA 745

    Between
    Eden Local Aboriginal Land Council (APPLICANTS)

    AND

    NTSCOPRP Ltd and New South Wales minister for Lands (RESPONDENTS)


    Judge: Jacobson J


    Where made Sydney


    Determination

    Native Title does not exist

    Detailed Information:
    The application was for a determination that no native title exists in relation to the land. It was, in this case, an application relating to land for which there had been no determination as to whether native title existed.

    The Eden Local Aboriginal Land Council made the application to satisfy sections of the Aboriginal Land Rights Act 1983 (NSW) which placed restrictions on the use of the land.

    Pending the approval of the orders, the Eden Local Aboriginal Land council sought to lease part of the land to Telstra.

    The Eden Local Aboriginal Land Council agreed at an extraordinary general meeting that the land in question is not of cultural significance to the Aborigines of the area.

    The application was supported by affidavit material which stated that there was no exercise of native title rights (such as by hunting, fishing or gathering food) by indigenous people on that land.

    The court ordered that Native Title did not exist in the claimed area.

    Related Entries

    Agreement
  • Eden Local Aboriginal Land council v NTSCORP Ltd [2010] FCA 746 (15 July 2010)
  • Organisation
  • Eden Local Aboriginal Land Council
  • NTSCorp Limited - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Aboriginal Land Rights Act 1983 (NSW)
  • People
  • Minister for Lands for the State of New South Wales - Respondent

  • References

    General Reference
    National Native Title Tribunal (15/07/2010) NSW - Native title determination summary - Eden Local Aboriginal Land Council #2
    Resource
    National Native Title Tribunal (15/07/2010) Extract from the National Native Title Register (of consent determinations) for federal Court matter number NSD1199/09 as at 15/07/2010
    New South Wales Government (1983) Aboriginal Land Rights Act 1983 (NSW)

    Google
    Top of page

    Was this useful? Click here to fill in the ATNS survey