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Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council & Anor.

Country/Territory
Australia
Type of court
National - higher court
Date
Dec 11, 2009
Source
UNEP, InforMEA
Court name
Supreme Court of New South Wales
Judge
Hodgson
Basten
Macfarlan.
Reference number
[2009] NSWCA 352
Language
English
Subject
Land & soil, Environment gen.
Keyword
Traditional rights/customary rights Land tenure Foreign land tenure Indigenous peoples
Abstract
This case concerned land claims made under the Aboriginal Land Rights Act 1983 (the “Act”). The claims were rejected by the relevant Minister, who was the appellant in these proceedings, on the grounds that the Crown lands the subject of the claims were required in part as residential lands or for nature conservation, and were in part already lawfully used or occupied. The primary judge held that the Minister had not established that the Crown lands the subject of the claims were required as residential lands or for nature conservation, and were in part already lawfully used or occupied. The judge also held the certificates to be invalid and therefore inadmissible. The primary judge therefore held that the Minister did not establish that there were proper grounds for rejection of the land claims. The Court has concluded that the primary judge was correct in holding that the Minister did not establish that the first and third of these grounds were proper grounds for rejection (as to the first ground and as to the third ground) but that he was incorrect in holding that the second ground was not established. As to the second ground, the Court has held (by majority; Basten JA dissenting) that the requirement of certain parts of the land for nature conservation was established by conclusive certificates issued by the Minister under the Act. Contrary to the conclusions of the primary judge, these were not void under administrative law principles.
Full text
COU-156848.pdf