Perram J
The Land Council was to receive a grant of freehold of a parcel of land on the edge of Sydney under the Aboriginal Land Rights Act 1983 (NSW) (ALRA). Under the ALRA, land grants are subject to native title rights. In order to receive the land without any possible future native title questions attached, it sought a determination that no native title exists in that land. NTSCORP and the state did not oppose the application. Notification was carried out to allow any persons believing there was native title in the land to make their claim.
Conclusion
Justice Perram held: ‘There is no evidence before me that there is native title and, given the notification procedure, I infer that there are no persons who believe there is native title. Not without some hesitation I conclude that there are no native title interests in Lot 200. If there were, the Court would have been informed of them.’