Minister Administering the Crown Lands Act v NSW Aboriginal Land Council

The Minister Administering the Crown Lands Act (NSW) and the NSW Aboriginal Land Council were parties to a dispute concerning the interpretation of certain provisions within the *Crown Lands Act 1989* (NSW) and the *Aboriginal Land Rights Act 1983* (NSW). The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister, in administering the *Crown Lands Act 1989*, was empowered to grant an estate in fee simple in certain Crown lands to a local Aboriginal Land Council, notwithstanding the provisions of the *Aboriginal Land Rights Act 1983*. This involved determining the interplay and potential conflict between these two legislative regimes.

Gummow and Heydon JJ reasoned that the *Aboriginal Land Rights Act 1983* established a comprehensive scheme for the transfer of certain Crown lands to Aboriginal Land Councils, and that this scheme was intended to be paramount. Their Honours held that the Minister's powers under the *Crown Lands Act 1989* were not intended to override or circumvent the specific provisions of the *Aboriginal Land Rights Act 1983* concerning the transfer of land to Aboriginal ownership. The Court applied principles of statutory interpretation, including the presumption that a later, more specific Act (the *Aboriginal Land Rights Act 1983*) would prevail over an earlier, general Act (the *Crown Lands Act 1989*) where there was an inconsistency.

The High Court dismissed the appeal, upholding the decision of the lower court.