New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Native title law


   

  1. 16/11/2015
    Native title law: claim to Crown land dedicated for public purposes; land dedicated for use as a gaol; gaol decommissioned but dedications not revoked; land and buildings secured and maintained and used on weekends by offenders serving community service orders; primary judge found the land to be lawfully occupied; whether primary judge erred in finding facts, including shifting of evidential burden; whether primary judge erred in law in finding occupation in fact; whether primary judge erred in law in failing to consider parts of the claimed land separately; whether occupation was lawful where activities were not inconsistent with dedications; whether effect of New South Wales Constitution Act 1855 (18 & 19 Vict c 54) was to require statutory authorisation for occupation of Crown land; Aboriginal Land Rights Act 1983 (NSW), s 36; New South Wales Constitution Act 1855 (18 & 19 Vict c 54), s 2
    New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act  [2015] NSWCA 349
  2. 04/11/2014
    Native title law: claim to Crown lands; claim precluded by opinion of the Minister that land needed or likely to be needed as residential lands; whether opinion required to be held by the Minister personally at the time of the claim; application of the Carltona principle; whether sufficient that the relevant opinion was held by departmental officers at the time of the claim; Aboriginal Land Rights Act 1983 (NSW) s 36(1)(b1); appeal allowed
    New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (the Nelson Bay Claim)  [2014] NSWCA 377
  3. 18/03/2014
    Native title law: claim to Crown land reserved for future public requirements; whether land lawfully used or occupied; whether Licence and Permissive Occupancy for grazing valid; whether Ministers exercised powers to grant Permissive Occupancy and Licence for reserved purpose of future public requirements or purposes incidental or ancillary thereto; ascertainment of Ministers' subjective purpose through inference from objective circumstances; relevance of statement in Permissive Occupancy and Licence of intended use of claimed lands for grazing; Aboriginal Land Rights Act 1983 (NSW) s 36; Crown Lands Act 1989 (NSW) ss 6, 34
    Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council  [2014] NSWCA 69
  4. 09/11/2012
    Native title law: Claim to Crown land reserved for public purposes; grazing licence granted in respect of land; held land not lawfully used or occupied; licence invalid; whether Minister had power to grant licence; whether power to grant licence depends on use under the licence; whether power available where licence not inconsistent with reservation of land; correct test to apply is to ask 'is a licence for the proposed purpose one which can be granted given the terms of the reservation of the land for a different purpose?'; held land is claimable; Aboriginal Land Rights Act 1983 (NSW), s 36; Crown Lands Act 1989 (NSW), ss 34 and 87.
    Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council (Goomallee Claim)  [2012] NSWCA 358
  5. 09/11/2012
    Native title law: Claim to Crown land, including closed police station, which was awaiting sale; land visited intermittently by police officers for the purpose of defeating earlier claim; land claimable Crown land; land not lawfully used or occupied; discussion of correct test to be applied; whether land must be used or occupied beyond a notional degree; Aboriginal Land Rights Act 1983 (NSW), s 36
    Minister Administering the Crown Lands Act v La Perouse Local Aboriginal Land Council  [2012] NSWCA 359
  6. 05/11/2012
    Native title law: Consideration of the question whether the exercise of Executive and Legislative power of the State of Western Australia in entering into the Iron Ore (Mount Goldworthy) Agreement (1964) with particular joint venturers and enacting the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (the "1964 Act") conferred rights upon the joint venturers which had the effect of extinguishing the native title rights and interests of the Ngarla People in relation to an area of land and waters the subject of Mineral Leases 235 and 249 issued under the provisions of the 1964 Act within the Pilbara region of Western Australia; consideration of the bespoke nature of the arrangements made between the State of Western Australia and the joint venturers; consideration of the content of the determined native title rights and interests of the Ngarla People; consideration of the rights and interests granted to the joint venturers in the area of land and water the subject of the claim; consideration of the application of the principles governing extinguishment of native title rights and interests in undertaking a comparison of rights; consideration of the reservations contained in the terms and conditions of the 1964 Agreement as ratified by the 1964 Act.
    Brown (on behalf of the Ngarla People) v State of Western Australia  [2012] FCAFC 154
  7. 14/03/2012
    Native title law: Extinguishment; right to take marine resources for commercial purposes; 130 years of legislation controlling commercial fishing; whether simply regulatory in character or prohibitory; rights and interests; reciprocity based rights founded on a relationship to a person; whether content of rights include a right or interest "in relation to land or waters": s 223(1), NT Act; extent of determination area; criteria for determining "boundaries" of several marine estates; whether gaps between, or unused areas; "connection" to waters; extent of determination area; definition of outer boundaries of the claim area; whether native title proved in whole area; whether connection to all of marine estate established.
    Commonwealth of Australia v Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group  [2012] FCAFC 25
  8. 12/08/2011
    Native title law: Future acts; ss 38 and 39 of Native Title Act 1993 (Cth); determinations of National Native Title Tribunal that mining leases may be granted subject to conditions; appeal from primary judge decision dismissing appeal from determinations pursuant to s 169 Native Title Act 1993 (Cth); mitigating effect of Aboriginal Heritage Act 1972 (WA); whether international instruments relevant to interpretation of s 38 and s 39 of Native Title Act 1993 (Cth)
    Cheedy on behalf of the Yindjibarndi People v State of Western Australia  [2011] FCAFC 100
  9. 24/05/2011
    Native title law: Whether lands the subject of a claim under the Aboriginal Land Rights Act 1983 (NSW) are "claimable Crown lands"; Land and Environment Court finds that the claimed lands were not likely to be needed for the essential public purpose of nature conservation; appeal under s 57(1) of the Land and Environment Court Act 1979 (NSW); whether finding affected by error of law
    Minister Administering the Crown Lands Act v Illawarra Local Aboriginal Land Council  [2011] NSWCA 127
  10. 09/03/2011
    Native title law: Meaning of registered native title claimant; whether a person continues to be a registered native title claimant after the person has died and pending replacement on the Register of Native Title Claims
    FQM Australia Nickel Pty Ltd v Bullen  [2011] FCAFC 30