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 (the Minister) 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 was heard by the High Court of Australia.

The central legal issue before the High Court was whether the Minister, in granting the mining lease, had adequately discharged their statutory duty to consider the interests of Aboriginal people under the *Aboriginal Land Rights Act 1983* (NSW). Specifically, the Court had to determine the scope and nature of the Minister's obligation to consult with and consider the views of NSWALC, and whether the Minister's decision-making process had given due weight to the potential impact on Aboriginal land rights and interests.

The High Court held that the Minister's duty to consider the interests of Aboriginal people under the *Aboriginal Land Rights Act 1983* (NSW) was a substantive one, requiring more than a perfunctory or superficial assessment. The Court reasoned that the statutory scheme mandated a genuine and active consideration of the potential impact of the mining lease on Aboriginal land rights and interests, including the views of NSWALC. The Minister's decision was found to be flawed because it did not demonstrate that this duty had been properly fulfilled. The Court allowed the appeal, quashing the decision to grant the mining lease and remitting the matter to the Minister for reconsideration according to law.