Minister Administering the Crown Lands Act v NSW Aboriginal Land Council

The Minister Administering the Crown Lands Act (NSW) (the Minister) sought special leave to appeal from a decision of the New South Wales Court of Appeal. The dispute concerned the interpretation of section 33(1) of the *Aboriginal Land Rights Act 1983* (NSW) (the Act) and its application to land that had been granted to the New South Wales Aboriginal Land Council (NSWALC) under the *Aboriginal Land Rights (New South Wales) Act 1983* (Cth). The High Court of Australia was asked to determine whether the Minister had the power to grant a mining lease over land that had been granted to NSWALC under the Commonwealth Act.

The central legal issue before the High Court was whether the Crown Lands legislation of New South Wales, specifically section 33(1) of the *Crown Lands Act 1989* (NSW), could operate to permit the grant of a mining lease over land that had been granted to NSWALC pursuant to the *Aboriginal Land Rights Act 1983* (NSW), which in turn was enacted to give effect to the *Aboriginal Land Rights (Northern Territory) Act 1976* (Cth). This involved considering the relationship between Commonwealth and State legislation, and the extent to which State legislation could affect land rights established under Commonwealth law.

The High Court held that the *Aboriginal Land Rights Act 1983* (NSW) was intended to provide a comprehensive scheme for the transfer of certain Crown lands to Aboriginal ownership, and that the rights conferred by this Act were paramount. The Court reasoned that the Commonwealth Act, by providing for the vesting of land in NSWALC, created an interest in land that was not susceptible to extinguishment or modification by subsequent State legislation, such as the *Crown Lands Act 1989* (NSW). Therefore, the Minister did not have the power to grant a mining lease over land that had been vested in NSWALC under the *Aboriginal Land Rights Act 1983* (NSW). Special leave to appeal was granted, and the appeal was allowed.