Minister Administering the Crown Lands Act v Illawarra Local Aboriginal Land Council [2011] NSWCA 127

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Minister Administering the Crown Lands Act v Illawarra Local Aboriginal Land Council [2011] NSWCA 127 Hearing dates: 14 April 2011 Decision date: 24 May 2011 Before: Basten JA at 1, Whealy JA at 2, Sackville AJA at 3. Decision: 1. Appeal dismissed. 2. The Appellant to pay the Respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ABORIGINAL LAND RIGHTS - whether lands the subject of a claim under the Aboriginal Land Rights Act 1983 (NSW) are "claimable Crown lands" - Land and Environment Court finds that the claimed lands were not likely to be needed for the essential public purpose of nature conservation - appeal under s 57(1) of the Land and Environment Court Act 1979 (NSW) - whether finding affected by error of law. Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Coal Mining Act 1973 (NSW) Crown Lands Act 1989 (NSW) Land and Environment Court Act 1979 (NSW) Mining Act 1973 (NSW) National Parks and Wildlife Act 1974 (NSW) National Parks and Wildlife Amendment Act 2001 (NSW) National Parks and Wildlife (Mining Prohibition) Act 1990 (NSW) National Park Estate (Southern Region Reservations) Act 2000 (NSW) Cases Cited: Housing Commission (NSW) v Falconer [1981] 1 NSWLR 547 Illawarra Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2008] NSWLEC 188; 161 LGERA 294 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (1998) 43 NSWLR 249 Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (No 2) [2001] NSWCA 28; 50 NSWLR 665 Minister Administering the Crown Lands Act v Illawarra Local Aboriginal Land Council [2009] NSWCA 289 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands (Consolidation) Act and The Western Lands Act (1988) 14 NSWLR 685 Category: Principal judgment Parties: Minister Administering the Crown Lands Act (Appellant)