Lawson v South Australian Minister for Water and the River Murray (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Lawson v South Australian Minister for Water and the River Murray (No 2) [2014] NSWLEC 189 Hearing dates:29 September 2014, 20 November 2014Decision date: 08 December 2014 Jurisdiction:Class 3Before: Biscoe J Decision: Pursuant to s 102 of the Public Works Act 1912, the Court appoints 31 March 2015 as the date by which the applicant may serve upon the Constructing Authority and upon the Crown Solicitor the notice in writing referred to in s 102 in respect of lands at Lake Victoria resumed in 1922. Catchwords: COMPENSATION - application by Aboriginal woman for extension of time under s 102 Public Works Act 1912 to serve a notice claiming compensation for land resumed in 1922 on the basis of possessory title of an ancestor to which she is a successor - whether claim barred by s 14(1)(d) Limitation Act 1969 - if not, whether discretion to extend time should be exercised in favour of applicant - discretionary considerations: sufficiency of evidence of claim; very long delay since resumption and consequential evidentiary problems; the fact that this is an Aboriginal land claim in the context of the history of indigenous dispossession and disadvantage and the relatively recent, nascent recognition by the courts that possessory title may have a role to play in land title claims by indigenous people; and the fact that applicant only became aware of potential claim in 2013 and thereafter proceeded reasonably expeditiously. Legislation Cited: Aboriginal Land Rights Act...