Lawson v Minister for Environment and Water (SA)

The appeal in *Lawson v Minister for Environment and Water (SA)* concerned whether native title rights had been extinguished. The appellant, Mr. Lawson, sought to establish native title over certain land. The respondent, the Minister for Environment and Water (SA), argued that any native title rights had been extinguished by legislative vesting of the land under the *River Murray Waters Act 1915* (NSW) and by resumption under the *Public Works Act 1912* (NSW). The case was heard in the Court of Appeal of New South Wales by Bathurst CJ, Basten and McCallum JJA.

The central legal issues before the Court of Appeal were whether the land in question had been vested in South Australia in fee simple under section 18 of the *River Murray Waters Act 1915* (NSW) upon its commencement, and if so, whether this vesting extinguished all interests, including those held as native title rights or acquired through adverse possession. The court was also asked to consider whether such a vesting constituted a "previous exclusive possession act" for the purposes of the *Native Title Act 1993* (Cth) and the *Native Title (New South Wales) Act 1994* (NSW).

The Court of Appeal allowed the appeal, setting aside the orders of the primary judge. The court determined that the land was not vested in South Australia in fee simple under section 18 of the *River Murray Waters Act 1915* (NSW) on the commencement of that Act. Consequently, the questions regarding the extinguishment of native title rights and the characterisation of the vesting as a "previous exclusive possession act" did not arise. The court remitted the proceedings for further hearing.