New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Crown land


  1. 08/09/2016
    Crown land:  “claimable Crown lands”; claim made in 2009 over land the subject of planning for residential subdivision; earlier claim over some of the land refused by Minister in 2004; Minister refused claim on basis that land was likely to be needed for residential purposes; primary judge allowed appeal by land council rejecting Minister’s claims that land was needed for residential lands and for essential public purpose; whether error of law in finding by primary judge that Minister’s opinion in 2004 did not sustain subsequent decision; whether residential lands and essential public purpose limbs of definition of “claimable Crown lands” were mutually exclusive; Aboriginal Land Rights Act 1983 (NSW), subss 36(1)(b1) and (c)

    Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council  [2016] NSWCA 253
  2. 16/11/2015
    Crown land: dedications; land dedicated for gaol purposes; New South Wales Constitution Act 1855 (18 & 19 Vict c 54), s 2 vested "entire Management and Control of the Waste Lands belonging to the Crown … in the Legislature"; whether effect was to require statutory authorisation for occupation of Crown land on behalf of the Crown; whether s 2 in force in New South Wales; construction of s 2; whether s 2 abrogated prerogative; relevance of land being brought under Torrens title
    New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act  [2015] NSWCA 349
  3. 09/11/2012
    Crown land: Reserves; land reserved for public recreation; whether Minister empowered to grant licences not inconsistent or incompatible with reservation; grazing licence invalidly granted; land not lawfully used or occupied; Crown Lands Act 1989 (NSW), ss 6, 34 and 87.
    Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council (Goomallee Claim)  [2012] NSWCA 358