Cowdroy J
In this unopposed application Worimi Local Aboriginal Land Council (Worimi LALC) sought a declaration that no native title rights and interests exist over land located at Taylors Beach (otherwise known as Anna Bay) in NSW. The application was heard with another application by Worimi LALC involving land in the same area as it concerned almost the same evidence.
The respondents are the Attorney-General of New South Wales and NTSCORP Limited.
Background
In 2002 the land was granted to the Worimi LALC under s 36 of the Aboriginal Land Rights Act 1983 (NSW), subject to any native title rights or interests that may have existed prior to the transfer. Under s 42(1) of the Aboriginal Land Rights Act 1983 (NSW) an Aboriginal Land Council must not deal with land subject to native title rights and interests unless the land is the subject of an approved determination of native title.
The Worimi LALC had passed a resolution to sell the land. NTSCOrp Limited was joined to the proceedings.
Consideration
Three affidavits were filed in support of the application. An affidavit of Ms Valerie Merrick, a Worimi elder and Traditional Owner of Worimi Country stating that she is not aware of any existing or ongoing Aboriginal traditional activities or practices that are taking place on the land and her belief that the application is being made to utilise and enhance the best opportunities for the land to the benefit of the Worimi Aboriginal Community. An affidavit of the CEO of Worimi LALC concerning the zoning, historical use and member decision making and lack of knowledge of any existing or ongoing Aboriginal traditional activities or practices taking place on the land. An affidavit of a solicitor concerning a letter from the National Native Title Tribunal advising that no native title applications within the area had been identified.
The Court was satisfied that the orders should be made as the evidence established there is no native title in the land and the application is unopposed.