New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act

The New South Wales Aboriginal Land Council (NSWALC) sought judicial review of a decision by the Minister Administering the Crown Lands Act (NSW) to grant a mining lease over an area of land. NSWALC contended that the Minister had failed to properly consider the potential impact of the mining lease on Aboriginal land rights and interests, as required by the *Aboriginal Land Rights Act 1983* (NSW). The matter proceeded to the High Court of Australia.

The central legal issue before the High Court was whether the Minister's decision to grant the mining lease was vitiated by a failure to take into account a relevant consideration, namely the potential impact on Aboriginal land rights and interests, or by taking into account an irrelevant consideration. This involved an interpretation of the statutory obligations imposed on the Minister under both the *Aboriginal Land Rights Act 1983* (NSW) and the *Mining Act 1992* (NSW).

The High Court held that the Minister had a statutory duty to consider the potential impact of the mining lease on Aboriginal land rights and interests. The Court reasoned that the *Aboriginal Land Rights Act 1983* (NSW) conferred significant rights and protections upon Aboriginal people in relation to their traditional lands, and that these considerations were not merely peripheral but central to the Minister's decision-making process under the *Mining Act 1992* (NSW). The Court found that the evidence demonstrated a failure by the Minister to adequately engage with these considerations, thereby rendering the decision unlawful.

The High Court allowed the appeal, quashed the decision of the Minister to grant the mining lease, and remitted the matter to the Minister for reconsideration according to law.