Jagot J
The Mudgee Local Aboriginal Land Council (MLALC) lodged a non-claimant application for a declaration that no native title exits in a lot of land in the township of Mudgee. MLALC acquired the land under the Aboriginal Land Rights Act 1983 (NSW) and could not develop the land until a native title declaration had been made.
As MLALC held a non-native title interest in relation to the area it was authorised to make a non-claimant application under section 61 of the Native Title Act 1993 (Cth) (NTA).
The Court considered:
the evidence provided by the Chairperson of the MLALC which confirmed the advertising and notification of the non-claimant application;
a native title claim had been made in relation to the land and those proceedings had been dismissed (see Violet Carr on behalf of the Wellington Valley Wiradjuri People v Premier of New South Wales [2013] FCA 200); and
The Attorney-General of New South Wales (as State Minister under the NTA) and Wellington Valley Wiradjuri People did not apply to be joined as parties to the proceeding and the Court was satisfied that the application was unopposed.
The Court accepted the Applicant's evidence and considered it sufficient to establish that there is no native title group holding native title rights and interests in the land. Particular importance was placed on the affidavit evidence provided by two Aboriginal elders of the Wiradjuri people in the local Mudgee area. These affidavits stated that the land is not of special cultural significance and knowledgeable local elders had not been able to identify any traditional law and custom that relates to the land.
The Court therefore made a declaration that no native title exits in the land.