North J
In this case, the Dja Dja Wurrung applicant (applicant) sought orders that 4 native title determination applications be discontinued.
Background
After lengthy negotiations between the applicant, represented by Native Title Services Victoria (NTSV), and the State of Victoria under the Traditional Owner Settlement Act 2010 (Vic) process, an agreement was reached which involved the execution of an Indigenous Land Use Agreement (ILUA) under the Native Title Act 1993 (Cth) (NTA)
At a meeting on 16 March 2013, the Dja Dja Wurrung people authorised entry into a settlement, which included the ILUA. The Dja Dja Wurrung people authorised and directed the applicant to withdraw the 4 native title determination applications, in accordance with the terms of the ILUA. The ILUA was registered on 24 October 2013.
NTSV wrote to all but 1 of the approximately 417 respondents. 40 respondents indicated their consent, 2 telephoned and were told they would be deemed to have consented if they didn't object, 4 respondents were deceased and 20 letters were returned. No respondent contacted the NTSV with an objection to the orders.
At the hearing, Mr Gary Murray objected to the orders being made on behalf of an indeterminate number of people whom he said form part of the Dja Dja Wurrung clan group. Mr Murray also stated that those individuals did not consent to the settlement under the NTA.
Reasoning
North J noted that the authorisation of the orders at the meeting on 16 March 2013 supersedes the objection. The ILUA had been registered by the Native Title Registrar, with one objection filed by Mr Murray and others against the application for registration, and the objectors failed to appeal against the registration and the time for doing so had now passed.
On this basis, the Court was satisfied that it should make the orders sought.
Orders
The native title determination applications are discontinued with no order as to costs.