Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council (Goomallee Claim)

The Minister Administering the Crown Lands Act (NSW) appealed to the Court of Appeal of New South Wales against a decision concerning a claim made by the New South Wales Aboriginal Land Council under the *Aboriginal Land Rights Act 1983* (NSW) for certain Crown land. The land in question was reserved for public recreation and a grazing licence had been granted in respect of it. The dispute centred on whether the land was lawfully used or occupied, and whether the grazing licence was validly granted by the Minister.

The primary legal issues before the Court of Appeal were whether the Minister had the power to grant a grazing licence over land reserved for public recreation, and if so, under what conditions. Specifically, the Court had to determine whether the power to grant such a licence was contingent on the land being used or occupied under the licence, and whether the licence was valid if it was not inconsistent with the purpose of the reservation. These questions involved the interpretation of provisions within the *Aboriginal Land Rights Act 1983* (NSW) and the *Crown Lands Act 1989* (NSW), particularly sections 36 of the former and sections 34 and 87 of the latter.

The Court of Appeal reasoned that the *Crown Lands Act 1989* (NSW) permitted the granting of licences over reserved land, provided that the use under the licence was not inconsistent with the purpose for which the land was reserved. The Court found that the grazing licence in question was not inconsistent with the reservation of the land for public recreation. Therefore, the Minister had the power to grant the licence, and the land was considered lawfully used or occupied for the purposes of the *Aboriginal Land Rights Act 1983* (NSW).

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.