Branson J
This case concerned a consent determination that native title does not exist in the land the subject of native title determination application NC97/36 under s 87 of the Native Title Act 1993 (Cth) (‘NTA’).
The applicants to the proceeding were Lorna Kelly and Linda Vidler on behalf of the Byron Bay Bundjalung people. The respondents were the NSW Aboriginal Land Council, the NSW Minister for Land and Water Conservation and Telstra.
Background
The agreement between the parties was contained in an Indigenous Land Use Agreement (ILUA) which provided for the transfer of certain land to the Arakwal Corporation, the recommendation of land as a nature reserve and that a Cottage on the land be made available to the Registered Native Title Claimants for accommodation.
Order
Branson J considered the principles set out in NTA s 87 and considered that the requirements were plainly met. His Honour was satisfied that the parties received appropriate legal advice and representation and that the orders sought would not prejudice the interests of the community generally.