Griffiths v Minister for Lands, Planning and Environment [2008] HCA 20

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ

ALAN GRIFFITHS ON BEHALF OF THE

NGALIWURRU AND NUNGALI PEOPLES

AND ANOR APPELLANTS

AND

MINISTER FOR LANDS, PLANNING

AND ENVIRONMENT AND ANOR RESPONDENTS

Griffiths v Minister for Lands, Planning and Environment

[2008] HCA 20

15 May 2008

D8/2007

ORDER

1. Appeal dismissed.

2. Appellants to pay the costs of the first respondent.

On appeal from the Supreme Court of the Northern Territory

Representation

S J Gageler SC with S A Glacken for the appellants instructed by (Northern Land Council)

D F Jackson QC with R J Webb QC for the first respondent (instructed by Solicitor for the Northern Territory)

Interveners

R G Orr QC with M A Perry QC intervening on behalf of the Attorney-General for the Commonwealth of Australia (instructed by Australian Government Solicitor)

R J Meadows QC Solicitor-General for the State of Western Australia with G J Ranson intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor for Western Australia)

M G Sexton SC Solicitor-General for the State of New South Wales with S B Lloyd intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor (NSW)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Griffiths v Minister for Lands, Planning and Environment

Real property – Compulsory acquisition – Section 43(1) of Lands Acquisition Act (NT) ("LAA") empowered Minister, subject to LAA, to compulsorily acquire land "for any purpose whatsoever" – Whether s 43(1) of LAA conferred power on Minister to acquire land solely to enable it to be sold or leased for private use.

Aborigines – Native title – Compulsory acquisition of native title rights and interests – Section 11(1) of Native Title Act 1993 (Cth) ("NTA") provided that native title could not be extinguished contrary to NTA – At time of notification of compulsory acquisition appellants had commenced proceedings for determination of native title to lots – Lots otherwise consisted of vacant Crown land – Whether s 24MD(2) of NTA permitted extinguishment of native title by compulsory acquisition when no non-native title rights and interests subsisted.