Lester Ors V NSW Aboriginal Land Council and Ors [1999] NSWLEC 179

Reported Decision : 105 LGERA 178

Land and Environment Court of New South Wales CITATION: Lester Ors V NSW Aboriginal Land Council and Ors [1999] NSWLEC 179

PARTIES APPLICANT: Lester and Ors

RESPONDENT: NSW Aboriginal Land Council and Ors

NUMBER: 40123 of 1999

CORAM: Bignold J

KEY ISSUES: Aboriginal :- Aboriginal: Councillor of NSW Aboriginal Land Council - whether part-time membership of ATSIC Regional Council involves paid employment "outside duties of office" as Councillor.

LEGISLATION CITED: Aboriginal Land Rights Act 1983

DATES OF HEARING: 07/09/1999

DATE OF JUDGMENT DELIVERY: 07/30/1999

APPLICANT: Mr T Robertson (Barrister) SOLICITORS: H Dean

LEGAL REPRESENTATIVES: RESPONDENT: Mr M Tobias (QC) WITH: Mr T S Hale (Barrister) SOLICITORS: Solari's Law Firm

JUDGMENT:

A . INTRODUCTION 1-11 B. THE RELEVANT PRIMARY FACTS 12 C. THE RELEVANT STATUTORY PROVISIONS OF THE ALR ACT AND THEIR APPLICATION TO THE PRIMARY FACTS 13-53 D. CONCLUSIONS 54-55 IN THE LAND AND Matter No . 40123 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 30 July 1999