Minister Administering the Crown Lands Act v Illawarra Local Aboriginal Land Council

The Minister Administering the Crown Lands Act (the Appellant) appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned whether certain lands, the subject of a claim by the Illawarra Local Aboriginal Land Council (the Respondent) under the *Aboriginal Land Rights Act 1983* (NSW), constituted "claimable Crown lands". The Land and Environment Court had previously found that these lands were not likely to be needed for the essential public purpose of nature conservation.

The primary legal issue before the Court of Appeal was whether the Land and Environment Court's finding that the claimed lands were not likely to be needed for nature conservation was affected by an error of law. This involved considering the proper interpretation and application of the *Aboriginal Land Rights Act 1983* (NSW) in determining whether lands are "claimable Crown lands" for the purposes of an Aboriginal land claim, particularly in relation to the exception for lands needed for essential public purposes.

The Court of Appeal dismissed the appeal. It reasoned that the Land and Environment Court had correctly applied the relevant legal principles in assessing whether the lands were likely to be needed for nature conservation. The Court found no error of law in the primary judge's determination, which was based on a proper consideration of the evidence and the statutory criteria. Consequently, the appeal was dismissed.