Attorney-General for the State of WA and Anor v Marquet P114/2002

The High Court of Australia considered the case of the Attorney-General for the State of Western Australia and another against Marquet. The dispute concerned the validity of certain provisions of the *Aboriginal Heritage Act 1972* (WA) and their purported application to land owned by the respondents.

The central legal issue before the Court was whether the respondents, as registered proprietors of land, were entitled to carry out certain activities on their land without regard to the provisions of the *Aboriginal Heritage Act 1972* (WA), specifically those provisions requiring notification and consent for the disturbance of Aboriginal heritage sites. The applicants sought to uphold the operation of the Act, while the respondents contended that the Act, as applied to their land, was invalid.

Gaudron J, in chambers, considered the application for special leave to appeal. The application turned on the interpretation of the *Aboriginal Heritage Act 1972* (WA) and its interaction with property rights. The judge's reasoning focused on the scope and effect of the Act's provisions concerning the protection of Aboriginal sites and the rights of landowners. The ultimate decision on special leave would determine whether the broader appeal on the merits would proceed.