High Court of Australia

New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50

14 Dec 2016

Case Number: S168/2016

Before

French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ

Catchwords

Aboriginal and Torres Strait Islander peoples – Land rights – Claimable Crown lands – Crown land dedicated for public purposes – Where State recorded as registered proprietor – Where Crown land dedicated for gaol purposes – Where Crown land proclaimed as correctional complex and correctional centre – Where gaol closed but dedications continued in force – Where proclamations revoked – Where Crown land held pending decision as to future use – Where activities on Crown land not inconsistent with dedications – Whether land "lawfully used or occupied" under s 36(1)(b) of Aboriginal Land Rights Act 1983 (NSW).

Constitutional law (NSW) – Executive power – Power over Crown lands – Whether executive power abrogated by s 2 of New South Wales Constitution Act 1855 (Imp) – Whether statutory authorisation required for lawful occupation of Crown lands.

Words and phrases – "actual occupation", "beneficial and remedial legislation", "beneficial construction", "claimable Crown lands", "Crown lands", "dedication", "lawfully used or occupied", "lawful occupation", "the Crown".

Aboriginal Land Rights Act 1983 (NSW) – s 36.

New South Wales Constitution Act 1855 (Imp) (18 & 19 Vict c 54) – s 2.

Real Property Act 1900 (NSW) – ss 13D, 13J.
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