Griffiths J
In this case Griffiths J determined that native title does not exist in relation to land held in fee simple by the applicant, the Griffith Local Aboriginal Land Council. The respondents were the Attorney-General of NSW and NTSCORP Ltd. The applicant had been transferred the land from the State of NSW under s 36 of the Aboriginal Land Rights Act 1983 (NSW) (ALR Act) in 2015 and intends to develop the unused police station on the land as a Community Centre for Wiradjuri culture. The determination sought relates to restrictions in dealing with the land as a result of ss 36(9) and 42 of the ALR Act.
The Court was satisfied on the applicant’s evidence of a 1934 Gazette Notice, together with aerial photographs and historical work from the Griffith Library, that native title had been extinguished due to the establishment of a public work, that is, the former Griffith Police Station, on the land before 23 December 1996. The evidence was sufficient to establish the former police station as an exclusive possession act under s 23B(7)(b) of the Native Title Act 1993 (Cth). Furthermore, there were no submissions of native title existing in the land and the respondents did not oppose the orders being made.