Jagot J
This matter concerns three applications by Ngambri Local Aboriginal Land Council (NLAC) seeking orders that native title does not exist in relation to three lots of land transferred to it under the Aboriginal Land Rights Act 1983 (NSW) (ALRA).
The applications were brought by NLAC as a non-claimant applicant under s 13 of the Native Title Act 1993 (Cth). It is because of these transfers that NLAC has a sufficient interest to make a non-claimant application.
The respondents were the Attorney General of New South Wales and NTSCorp Limited.
Consideration
In considering the applications, the Court noted that:
the notification period under the ALRA had expired;
the applications were not opposed;
Ms Matilda Ann House, a 67 year old Ngambri Aboriginal Elder, gave evidence that she has lived in Ngambri Aboriginal Country for the whole of her life and is a traditional elder of Ngambri Country. Ms House said that she personally knows the land and observed that one lot is located in a commercial and industrial area, and another lot is located in a residential area with both close to the central business district and the third lot has an area of about 16 hectares. None of the lots are suitable for and she is not aware that there are any existing or ongoing Aboriginal traditional ceremonies or practices taking place.
there is also evidence that at an extraordinary meeting of the members of the NLAC resolved that the subject land does not have any cultural or heritage significance for Ngambri people.
The evidence of Ms House, who has knowledge of cultural and traditional uses of the land, is invaluable.
For these reasons, the Court was satisfied that all of the procedural and substantive requirements had been met and ordered that no native title exists in the land.