La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act (No 2) [2016] NSWLEC 137 Hearing dates:22, 23, and 24 February 2016; further written submissions 29 February 2016 and 3 March 2016Date of orders: 27 October 2016 Decision date: 27 October 2016 Jurisdiction:Class 3Before: Sheahan J with Laing AC Decision: Appeal upheld. See orders at [186]. Catchwords: ABORIGINAL LAND RIGHTS – land claims under s 36(2) of the Aboriginal Land Rights Act 1983 (NSW) – whether Crown lands claimable under s 36(1) of the Aboriginal Land Rights Act – whether land "vested in Her Majesty" – claims refused in 2010 on ground that land claimed was “not claimable Crown land within the meaning of the Aboriginal Land Rights Act as it comprises freehold land which is not vested in Her Majesty” – land vested in State of New South Wales at time of claim –land the subject of a declaration under s 25A of the Crown Lands Consolidation Act 1913 (NSW) – Register amended subsequent to claim to replace State of New South Wales as owner with Land Commission of NSW –whether there was an exercise of power under s 12(1)(d) of the Real Property Act 1990 (NSW) – authority of Land and Property Information Officer to exercise the Registrar-General’s power under s 12(1)(d) of the Real Property Act – whether recording on Register of State of New South Wales as registered proprietor erroneous for purposes of...