New South Wales Aboriginal Land Council & Anor v Minister Administering Crown Lands Consolidation Act & Ors [1988] NSWLEC 32

Land and Environment Court of New South Wales

CITATION : New South Wales Aboriginal Land Council & Anor v Minister Administering Crown Lands Consolidation Act & Ors [1988] NSWLEC 32 APPLICANT New South Wales Aboriginal Land Council And Tamworth Local Land Council

FIRST RESPONDENT Minister Administering Crown Lands Consolidation Act PARTIES : SECOND RESPONDENT Pamela Margaret Grant

THIRD RESPONDENT Minilla Shire Council FILE NUMBER(S) : 40200 of 1988 CORAM: Cripps J KEY ISSUES: :- Local Government Act 1919 LEGISLATION CITED: Aboriginal Land Rights Act 1983 Crown Lands Consolidation Act 1913 CASES CITED: New South Wales Aboriginal Council v. The Minister Administering the Crown Lands Consolidation Act and the Western Lands Act, Court of Appeal, 23 September 1988 DATES OF HEARING: DATE OF JUDGMENT: 12/01/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: On 7 September 1988, the applicants (the Land Councils) commenced proceedings against the first respondent (the Minister) seeking a declaration that certain lands within the Tamworth district were "claimable Crown Lands" within the meaning of the Aboriginal Land Rights Act, 1983. They also sought orders that the Minister deal with the claim by the Land Councils and that he be restrained from exercising his powers to reverse the forfeiture of conditional purchases. The conditional purchases were forfeited on 9 November 1987 being 30 days after publication of notification of forfeiture in Gazette No. 189 on 9 October 1987.