NSW Aboriginal Land Council & Anor v Minister Administering the Crown Lands Act

The New South Wales Aboriginal Land Council and the Minister Administering the Crown Lands Act were parties to proceedings before the High Court of Australia concerning the interpretation of the *Aboriginal Land Rights Act 1983* (NSW). The dispute centred on whether certain Crown lands, which had been granted to the Aboriginal Land Council, were subject to reservations for public purposes that would prevent their transfer to the Council.

The High Court was required to determine whether the reservations for public purposes, which were in existence at the time the *Aboriginal Land Rights Act 1983* (NSW) commenced, were effective to prevent the transfer of the subject lands to the New South Wales Aboriginal Land Council. Specifically, the Court considered the interaction between the provisions of the *Aboriginal Land Rights Act 1983* (NSW) and the *Crown Lands Act 1989* (NSW) regarding the extinguishment of reservations upon the transfer of land.

The Court reasoned that the *Aboriginal Land Rights Act 1983* (NSW) operated to transfer title to the subject lands to the New South Wales Aboriginal Land Council, notwithstanding the pre-existing reservations for public purposes. French CJ and Hayne J held that the effect of the *Aboriginal Land Rights Act 1983* (NSW) was to vest the lands in the Council, and that any reservations that might have otherwise subsisted were extinguished by this vesting. The legal principle applied was that a later, specific statutory provision, such as that found in the *Aboriginal Land Rights Act 1983* (NSW), would prevail over earlier, general provisions in the *Crown Lands Act 1989* (NSW) where there was an inconsistency.

The High Court allowed the appeal and made declarations that the reservations were not effective to prevent the transfer of the lands to the New South Wales Aboriginal Land Council.