Case Brief: La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act (No 2) [2016] NSWLEC 137 (27 October 2016)

NSW Government Introduces Fairer Acquisition Laws
October 31, 2016
Victorian Bill Introduces Energy Statutory Framework
October 31, 2016

Case Brief: La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act (No 2) [2016] NSWLEC 137 (27 October 2016)

In 2009 the applicant made a land rights claim in Matraville, NSW, for claimable Crown lands. Claimable Crown lands means lands vested in Her Majesty: s 36 of the Aboriginal Land Rights Act 1983 (NSW)The claim was refused on the basis the land comprises freehold land which is not vested in Her Majesty. The land title register shows the lands owned by the State of New South Wales at the date of claim. The respondent claimed that on 1 February 2011, “in her capacity as the Registrar-General’s agent Ms Christine Tilley validly exercised the power conferred by s12(1)(d) of the Real Property Act 1900 to correct the Register so that it recorded that the Land Commission was the registered proprietor of the land, not the State of New South Wales”. The onus rested on the minister to demonstrate the lands were not claimable Crown land.

The Court had to determine:

  1. Whether, at the date of claim, the claimed land was “land vested in Her Majesty” within the meaning and intent of s 36(1) of the Aboriginal Land Rights Act 1983 (NSW)
  2. Whether the change to NSW land registration ownership, pursuant to s12(1)(d) of the Real Property Act 1900, altered the status of the applicant’s right to claimable crown land under the Aboriginal Land Rights Act 1983 (NSW).

The court found the Registrar-General’s agent did not have authority to alter the register. Further, at the time the claim was made the status of claimable crown land continued to apply. The applicant maintained the right to claim the land.

 

Call Kingfisher Law Today


Kingfisher Law are Australia's agribusiness legal specialists and will discuss any legal issue you may be experiencing, in a confidential and professional manner. Simply phone (02) 9931 7830 to book a no obligation initial consultation.

Subscribe to our mailing list