New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act & Ors (The Kinchela claim) [2009] NSWLEC 46

Reported Decision : (2009) 166 LGERA 137

Land and Environment Court of New South Wales

CITATION : New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act & Ors (The Kinchela claim) [2009] NSWLEC 46

31121 of 2008

APPLICANT: New South Wales Aboriginal Land Council

RESPONDENT: Minister Administering the Crown Lands Act

PARTIES : 41112 of 2008

APPLICANT: New South Wales Aboriginal Land Council

FIRST RESPONDENT: Minister Administering the Crown Lands Act

SECOND RESPONDENTS: Mr Peter Geoffrey Anderson & Ms Anne Elizabeth Adams

FILE NUMBER(S) : 31121 of 2008 & 41112 of 2008

CORAM: Lloyd J

WORDS AND PHRASES :- "sale" - "sale of land" - "sale of Crown land"

Crown Lands :- validity of a notice to revoke a reservation of Crown land purportedly published in compliance with s 90(2) of the Crown Lands Act - validity of a notice to sell Crown land purportedly published in compliance with s 34(3) of the Crown Lands Act - interpretation of the word "sale" in s 34(6) of the Crown Lands Act 1989 - "sale" in this context held to occur upon the entry into a contract for sale and prior to any transfer of title - contract for sale therefore declared unlawful and void due to prohibition in s 34(6) - Project Blue Sky v Australian Broadcasting Authority - consideration of submission that in light of legislative purpose a specific act prohibited by s 34(6) does not render contract for sale void - consideration of purposes of Crown Lands Act