Minister for Indigenous Affairs v Catanach

The Minister for Indigenous Affairs brought an application for an interlocutory injunction against the defendants to prevent them from excavating, destroying, damaging or in any way altering the land on Lots 76 and 77, Dampier Terrace, Broome without first obtaining the consent of the Minister under s 18 of the Aboriginal Heritage Act 1972. The Minister argued that the consent given by a former Minister to a developer in relation to a "shed" development did not provide a "blanket clearance" for the defendants to carry out a residential and commercial development on the land. The defendants disagreed. The defendants submitted that the consent given by the former Minister should be taken to be a general clearance for any work on the land and that the representations made by the Chief Executive Officer of the Aboriginal Affairs Department that this was the case should give rise to an estoppel. The court held that the consent given under s 18 of the Aboriginal Heritage Act did not provide a "blanket clearance" and nor did it "run with the land" to benefit all who subsequently owned the land. The consent only applied to the particular purpose. The court held that there was no serious question to be tried and the application for an interlocutory injunction was refused.