NSW Caselaw
Set aside by Appeal : [2007] NSWCA 281 - Appeal allowed
Land and Environment Court of New South Wales
CITATION : New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2007] NSWLEC 158
APPLICANT: New South Wales Aboriginal Land Council PARTIES : RESPONDENT: Minister Administering the Crown Lands Act
FILE NUMBER(S) : 30362 of 2006
CORAM: Biscoe J
KEY ISSUES: Aboriginal :- Aboriginal Land Rights - Land claim - former motor registry in Wagga Wagga - building vacant except for storage of small amount of furniture- whether fact that steps were in place to sell the land when claimed was lodged means that it was "lawfully used" and therefore not "claimable Crown lands" within s 36(1)(b) of Aboriginal Land Rights Act 1983 - interpretation of "lawfully used or occupied" in s 36(1)(b)
LEGISLATION CITED: Aboriginal Land Rights Act 1983 recital and ss 36(1), 36(5), 36(6), 36(7) Crown Lands Act 1989 ss 6,10,11,32,34,35,87,90
Darkinjung Local Aboriginal Land Council v Minister Administering the Crown Lands Act (2006) 149 LGERA 162; Daruk Local Aboriginal Land Council v Minister Administering the Crown Lands Act (1993) 30 NSWLR 140; Minister Administering the Crown Lands (Consolidation) Act v Tweed Byron Local Aboriginal Land Council (1992) 75 LGRA 133; Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council [No 2] (2001) 50 NSWLR 665; CASES CITED: Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council [No 2] (1997) 42 NSWLR 641; Minister Administering the Crown Lands Act v NSW Aboriginal Land Council (1993) 31 NSWLR 106; Minister for Natural Resources v NSW Aboriginal Land Council (1987) 9 NSWLR 154; New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (1992) 76 LGRA 192; NSW Aboriginal Land Council v Minister [The Winbar Claim] (1988) 14 NSWLR 685 (CA); Wanaruah Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2001] NSWLEC 20
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