Lawson v Minister Assisting the Minister for Natural Resources (Lands) [2004] FCAFC 308

FEDERAL COURT OF AUSTRALIA

Lawson v Minister Assisting the Minister for Natural Resources (Lands) [2004] FCAFC 308

NATIVE TITLE – extinguishment of native title rights and interests – vesting of land in the Crown for an estate in fee simple – whether `previous exclusive possession act´

Native Title Act 1993 (Cth) ss 23B, 23C, 23E, 84A River Murray Waters Act 1915 (Cth) Native Title (New South Wales) Act 1994 (NSW) s 20 River Murray Waters Act 1915 (NSW) ss 14, 16, 18 Public Works Act 1912 (NSW) ss 18, 34, 42, 43, 44, 45

Ward v Western Australia (2002) 213 CLR 1 applied

DOROTHY LAWSON and Ors on behalf of MEMBERS OF THE BARKANDJI (PAAKANTYI PEOPLE) v MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (LANDS) and Ors NSD 317 of 2004

DOROTHY LAWSON and Anor on behalf of MEMBERS OF THE BARKANDJI (PAAKANTYI PEOPLE) v MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (LANDS) and Ors NSD 316 of 2004 WILCOX, SACKVILLE and FINN JJ SYDNEY 19 NOVEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 317 of 2004

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DOROTHY LAWSON, PHILLIP LAWSON, NOEL JOHNSON AND SHEILA KIRBY ON BEHALF OF

MEMBERS OF THE BARKANDJI (PAAKANTYI PEOPLE)

APPELLANTS

AND: MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (LANDS)

FIRST RESPONDENT

NEW SOUTH WALES NATIVE TITLE SERVICE LTD

SECOND RESPONDENT

STATE OF SOUTH AUSTRALIA

THIRD RESPONDENT

STATE OF VICTORIA

FOURTH RESPONDENT

MURRAY DARLING BASIN COMMISSION

FIFTH RESPONDENT

WESTERN MURRAY IRRIGATION LIMITED

SIXTH RESPONDENT

ROBERT CHARLES DUNCAN