Roberts on behalf of the Widjabul Wia-Bal v Attorney-General of New South Wales

The case of Roberts on behalf of the Widjabul Wia-Bal v Attorney-General of New South Wales involved a determination of separate questions related to the operation of section 47B of the Native Title Act 1993 (Cth) in relation to five parcels of Crown land. The Widjabul Wia-Bal sought clarification on whether these parcels were excluded from the operation of the section based on their current use for public purposes or particular purposes. The dispute centred on the interpretation of the term "public purposes" and "particular purposes" as defined in section 47B(1)(b)(ii) of the NTA, and whether the Crown's permissions or reservations applied to these areas.

The court was tasked with determining whether the parcels of land in question were covered by reservations or permissions that allocated the land for public or particular purposes as of 24 June 2013. This involved a detailed examination of the legal status of each parcel and the Crown's actions in relation to these parcels on the specified date. The court had to consider whether the Crown's actions met the criteria for exclusion under section 47B of the NTA, and whether the parcels were thus exempt from the operation of that section.

The court concluded that certain parcels were indeed covered by reservations or permissions that allocated the land for public or particular purposes, thereby excluding them from the operation of section 47B of the NTA. For instance, ID Area 572 and ID Area 115 were found to be covered by reservations for public purposes, while ID Area 460 and ID Area 624 were covered by permissions for particular purposes. However, ID Area 74 was found not to be covered by any reservation or permission that allocated the land for public or particular purposes. This nuanced interpretation ensured that the parcels were correctly classified based on their legal status as of the specified date.

The court answered the separate questions by specifying the legal status of each parcel as of 24 June 2013, and thus determined the applicability of section 47B of the NTA to each parcel. The final orders reflected these findings, providing clarity on the legal status of the parcels in question and confirming the exclusion of certain parcels from the operation of section 47B of the NTA. There was no order as to costs.