Lawson v New South Wales Minister for Land and Water Conservation [2000] FCA 1864

FEDERAL COURT OF AUSTRALIA

Lawson v New South Wales Minister for Land and Water Conservation [2000] FCA 1864

NATIVE TITLE– application for an order restraining the sale of certain fee simple land by the Dareton Aboriginal Land Council –the Aboriginal Land Rights Act 1983 (NSW) is a "special measure" under the Racial Discrimination Act 1975 (Cth) – whether native title in land granted under that Act is extinguished – whether the rights that are held by an owner in fee simple are inconsistent with the continuing exercise of the rights and interests of native title – whether an order for costs should be made despite s 85A of the Native Title Act, due to the time-consuming nature of the interlocutory application. Native Title Act 1993 (Cth) s 47A, s 229(2)(b)(ii), s 238(3), s 85A Racial Discrimination Act 1975 (Cth) s 8(1) Aboriginal Land Rights Act 1983 (NSW) ss 35,36

New South Wales Aboriginal Land Council v Worimi Local Aboriginal Land Council (1994) 84 LGERA 188 followed Fejo v The Northern Territory [1998] HCA 58 followed DOROTHY LAWSON v NEW SOUTH WALES MINISTER FOR LAND AND WATER CONSERVATION AND ORS NG 6065 OF 1998 DOROTHY LAWSON v NEW SOUTH WALES MINISTER FOR LAND AND WATER CONSERVATION AND ORS NG 6066 OF 1998 DOROTHY LAWSON AND ANOR v NEW SOUTH WALES MINISTER FOR LAND AND WATER CONSERVATION AND ORS NG 6084 OF 1998

MATHEWS J 18 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 6065 OF 1998

BETWEEN: DOROTHY LAWSON

APPLICANT

AND: NSW MINISTER FOR LAND AND WATER CONSERVATION

FIRST RESPONDENT

NSW ABORIGINAL LAND COUNCIL

SECOND RESPONDENT

DARETON LOCAL ABORIGINAL LAND COUNCIL

THIRD RESPONDENT

WENTWORTH SHIRE COUNCIL