NSW Aboriginal Land Council v Minister Administering the Crown Lands Act  NSWCA 349 (16 November 2015)
The NSWALC lodged a claim over Crown land in 2012 under s 36 Aboriginal Land Rights Act 1983 (NSW). Some of the land included a prison which has not been operational since 2011. In the first instance it was held that the land was used and occupied lawfully, placing it beyond the statutory permissions under s 36 for claims to Crown Lands. The NSWALC appealed. The appeal was dismissed by the NSW Court of Appeal, agreeing with the original finding of the trial judge.
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