Lawson v Minister for Environment and Water [2020] NSWSC 186

Supreme Court New South Wales

Medium Neutral Citation: Lawson v Minister for Environment and Water [2020] NSWSC 186 Hearing dates: 31 October 2019 Date of orders: 10 March 2020 Decision date: 10 March 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. The questions for determination be answered as follows: Q1. Was the land the subject of the claim filed on 1 April 2015 vested in South Australia for an estate in fee simple under s 18 of the River Murray Waters Act 1915 (NSW) (RMW Act) on commencement of that Act on 31 January 1917? A. Yes Q2. If the answer to question 1 is "Yes": a. is the consequence of the vesting by the RMW Act that any and all interests in the land to which s 18 [of] the RMW Act applied acquired through adverse possession or held as native title rights were extinguished upon the commencement of the RMW Act? and b. was the vesting of the land by the RMW Act a 'previous exclusive possession act' for the purposes of the Native Title Act 1993 (Cth) and s 20 of the Native Title (New South Wales) Act 1994 (NSW)? A. a. Yes b. Yes 2. Dismiss the applicant's amended notice of motion filed 9 August 2019 with costs. 3. Dismiss the proceedings with costs. Catchwords: STATUTORY INTERPRETATION – Legislative purpose – whether land vested in South Australia for an estate in fee simple under s 18 River Murray Waters Act 1915 (NSW) on commencement of that Act on 31 January 1917 – whether, as a consequence of the vesting, any and all interests in the land acquired through adverse possession or held as native title rights were extinguished upon commencement of the Act – was the vesting of the land by the Act a "previous exclusive possession act" for the purposes of s 23B of the Native Title Act 1993 (Cth) and s 20 of the Native Title (New South Wales) Act 1994 (NSW)