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:
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.
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