North Ganalanja Aboriginal Corp & Anor v State of Qld

The applicants, North Ganalanja Aboriginal Corporation and the Aboriginal Traditional Owners of the Aurukun Reserve, sought judicial review of a decision by the State of Queensland. The dispute concerned the validity of the *Aboriginal and Torres Strait Islander Land Grant Act 1984* (Qld) (the Act) and its application to certain lands within the Aurukun Reserve. The matter came before Brennan CJ in chambers.

The primary legal issue before the court was whether the Act, which purported to grant certain lands to the Aboriginal people of Aurukun, was effective to vest those lands in the North Ganalanja Aboriginal Corporation. This involved a consideration of the nature of the grant and whether it satisfied the requirements of the *Land Act 1962* (Qld) and the *Aboriginal and Torres Strait Islander Land Grant Act 1984* (Qld). A further issue was whether the State of Queensland had the power to make such a grant.

Brennan CJ considered the provisions of the *Aboriginal and Torres Strait Islander Land Grant Act 1984* (Qld) and the *Land Act 1962* (Qld). His Honour found that the grant made under the 1984 Act was not a grant of an estate in fee simple, but rather a grant of a lesser interest. The court determined that the State of Queensland did not have the power to grant an estate in fee simple to the Aboriginal people of Aurukun under the relevant legislation.

The application for judicial review was dismissed.