New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (Boggabri) [2014] NSWLEC 58

Land and Environment Court New South Wales

Medium Neutral Citation: New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (Boggabri) [2014] NSWLEC 58 Hearing dates: 13, 14 August 2013 Decision date: 26 May 2014 Jurisdiction: Class 3 Before: Craig J Decision: 1. Appeal allowed. 2. The Respondent must transfer the land claimed in Aboriginal Land Claim 16751, being the land known as Lot 7016 in DP 1056711, in fee simple to Red Chief Local Aboriginal Land Council. 3. The Minister must do all things necessary to enable the transfer of the land in accordance with Order 2, including surveying the land if required, within 12 months from the date of these orders. 4. Exhibits may be returned. Catchwords: ABORIGINAL LAND CLAIM - land claim under s 36(2) of the Aboriginal Land Rights Act 1983 (NSW) - land dedicated for a permanent common under Crown lands legislation - whether claimable Crown land - control and use of land governed by the Commons Management Act 1989 (NSW) - registered proprietor of claimed land under the Real Property Act 1900 (NSW) recorded as the State of New South Wales - whether the land was vested in the common trust appointed under the Commons Management Act and not in the State ('Her Majesty') - whether in the circumstances s 14 of the Commons Management Act overrode the operation of s 42 of the Real Property Act - whether land was lawfully used or occupied - interim licence for grazing in respect of the claimed land - whether interim licence validly granted under Commons Management Act - whether knowledge and consent of reserve trust administrator sufficient to render use or occupation lawful - whether determination of invalidity of interim licence open to collateral challenge in appeal under s 36(6) of Aboriginal Land Rights Act Legislation Cited: Aboriginal Land Rights Act 1983 (NSW)