R v Toohey; ex parte Northern Land Council

The High Court of Australia considered an application for a writ of prohibition brought by the Northern Land Council against Mr. Toohey, the Administrator of the Northern Territory. The dispute concerned the validity of regulations made by the Administrator under the *Northern Territory (Self-Government) Act 1978* (Cth) and the *Land Rights (Northern Territory) Act 1976* (Cth). The Northern Land Council sought to prevent the Administrator from exercising certain powers under these regulations, which they contended were beyond his legislative authority.

The central legal issue before the Court was whether the Administrator had the power to make regulations that would permit mining operations on Aboriginal land without the consent of the traditional Aboriginal owners. Specifically, the Court had to determine the scope of the Administrator's legislative power under the *Northern Territory (Self-Government) Act 1978* and whether this power was constrained by the provisions of the *Land Rights (Northern Territory) Act 1976*, particularly concerning the protection of Aboriginal land rights.

The Court reasoned that the *Land Rights (Northern Territory) Act 1976* established a comprehensive scheme for the protection and management of Aboriginal land, including a requirement for consent for mining activities. It was held that the *Northern Territory (Self-Government) Act 1978* did not grant the Administrator power to override these fundamental protections. The Court applied the principle of statutory interpretation that a later, specific Act (the *Land Rights Act*) would prevail over an earlier, general Act (the *Self-Government Act*) where there was a conflict, especially when the later Act was designed to protect specific rights. The Court found that the regulations in question purported to authorise actions that were inconsistent with the rights conferred by the *Land Rights Act*, and therefore, the Administrator had acted *ultra vires*.

The High Court made absolute the order nisi for a writ of prohibition, restraining the Administrator from making or purporting to make the regulations in question.