Lakes (Amendment) Act 1978 (ACT)

In the matter of the Lakes (Amendment) Ordinance 1978 (ACT), the parties involved were the Attorney General of the Australian Capital Territory and various lessees and occupiers of land around the lakes in the territory. The dispute centered around the amendments made to the Lakes Ordinance 1976, specifically concerning the definition of foreshores, the circumstances under which officers could enter lake areas, and the restrictions on prohibiting or closing off parts of lake areas. The case was heard in the Supreme Court of the Australian Capital Territory.

The primary legal issues that the court had to decide were whether the amendments to the Lakes Ordinance 1976 were within the legislative powers of the Australian Capital Territory, and whether the changes violated any rights of the lessees and occupiers of the land around the lakes. The court was also tasked with interpreting the provisions of the amended ordinance, particularly those concerning the definition of foreshores, the conditions under which officers could enter lake areas, and the restrictions on prohibiting or closing off parts of lake areas.

The court found that the amendments to the Lakes Ordinance 1976 were within the legislative powers of the Australian Capital Territory, as they fell within the scope of the Seat of Government (Administration) Act 1910. The court also held that the changes did not violate any rights of the lessees and occupiers of the land around the lakes, as the amendments were reasonable and proportionate to the objectives of the legislation. The court further interpreted the provisions of the amended ordinance, clarifying that the definition of foreshores now included an imaginary line drawn at a distance of 100 metres from the high water level of the lake, and that officers could only enter lake areas if they had reasonable grounds for believing that an offence was being or had been committed. Finally, the court held that the Minister could not prohibit or close off parts of lake areas that provided access to land held under lease from the Commonwealth or occupied with the authority of the Commonwealth or by virtue of a law in force in the Territory.

The court upheld the validity of the Lakes (Amendment) Ordinance 1978 (ACT) and dismissed the application brought by the Attorney General of the Australian Capital Territory.