Darkinjung Local Aboriginal Land Council v Minister Administering the Crown Land Management Act 2016

The appeal concerned a claim by Darkinjung Local Aboriginal Land Council against the Minister administering the Crown Land Management Act 2016 regarding certain Crown land. The dispute centred on whether the land was needed for an essential public purpose at the time of the claim. The matter was heard by Gleeson JA, Basten AJA, and Preston CJ of the Land and Environment Court.

The primary legal issue before the Court was whether the Minister had erred in finding that the land was needed for an essential public purpose. This involved determining whether a government decision made approximately 40 years prior to the land claim could, without further evidence, establish the necessity of the land for a public purpose at the later date of the claim. The Court was required to consider the evidentiary basis for such a finding and whether it was reasonably open on the material before the Minister.

The Court reasoned that a decision made decades earlier was insufficient, on its own, to prove a present need for the land for an essential public purpose. The Minister had misdirected himself by accepting the historical decision as conclusive proof of need at the time of the claim. The Court found that a conclusion of actual or likely need was not reasonably open on the evidence presented. Consequently, the appeal was upheld, and the previous orders were set aside. The Minister was ordered to transfer the specified land to Darkinjung Local Aboriginal Land Council within 90 days, and the respondent was ordered to pay the costs of the appellant.