NSW Aboriginal Land Council v The Minister Administering The Crown Lands (Consolidation) Act and The Western Lands Act [1988] NSWLEC 40

Land and Environment Court of New South Wales

CITATION : NSW Aboriginal Land Council v The Minister Administering The Crown Lands (Consolidation) Act and The Western Lands Act [1988] NSWLEC 40 APPLICANT NSW Aboriginal Land Council PARTIES : RESPONDENT The Minister Administering The Crown Lands (Consolidation) Act and The Western Lands Act

FILE NUMBER(S) : 40112 of 1986 CORAM: Stein J KEY ISSUES: :- Aboriginal Land Rights Act ( Land Rights Act) Land Rights Act LEGISLATION CITED: Western Land Act Aboriginal land Rights ( Amendment) 1986 Interpretation Act CASES CITED: Minister for Natural Resources v. N.S.W. Aboriginal Land Council ((l987) 9 NSWLR l54 at l57); Maxwell v. Murphy (1956-57) DATES OF HEARING: DATE OF JUDGMENT: 03/07/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

The Winbar Claim

HIS HONOUR: The sequence of events which lead to this hearing is as follows:-

The subject land (Winbar) was claimed by the applicant on 26 April 1984. On 8 November 1984 the then Minister refused the claim. An appeal was instituted to the Court on 2l December 1984. On 22 April 1986 the Minister issued a Certificate under section 36(8) of the Aboriginal Land Rights Act (Land Rights Act) to the effect that the land was not claimable Crown land (as defined) because it was needed for an essential public purpose. During the hearing of the appeal the Minister's certificate was sought to be tendered. For reasons I gave on 9 May l986 I ruled that the certificate was admissible (see (1986) 59 LGRA 333). On the same day I ordered the Minister to provide replies to a series of questions asked by the applicant Land Council pursuant to section 36(l4) of the Act. The Minister appealed against this order and on 10 March 1987 the Court of Appeal dismissed the appeal as incompetent. A Summons was then filed by the respondent seeking to prohibit the Land and Environment Court from proceeding further in connection with the order of 9 May l986 and for an order reviewing the making of that order. However, this Summons for prohibition did not proceed to a hearing and on 3 September l987 the Minister cancelled the certificate and approved the land claim.