Williams v Director General of the National Parks & Wildlife Services

The case of *Williams v Director General of the National Parks & Wildlife Services* concerned an application for leave to appeal the refusal to grant interlocutory relief. The applicant, Mr Williams, sought to challenge the validity of a permit issued under the *National Parks and Wildlife Act 1974* (NSW) that authorised the removal of Aboriginal relics. The Director General had issued Consent 1361 to Dr Pardoe, authorising the collection of artefacts and test pit excavations in specified areas. Mr Williams' application for interlocutory relief was dismissed by Bignold J in the Land and Environment Court.

The central legal issue before the court was whether Mr Williams' application raised a serious question to be tried regarding the asserted invalidity of the permit. This required an evaluation of the strength of Mr Williams' case in the context of his claim for urgent interlocutory relief. The court also considered the provisions of sections 86 and 87 of the *National Parks and Wildlife Act 1974*, which govern the issuing of permits for acts relating to Aboriginal relics, and section 83(1)(a) which establishes the Crown's ownership of certain relics.

In dismissing the application for interlocutory relief, Bignold J noted that he was not being asked to finally adjudicate on the permit's validity, but rather to assess it within the framework of an interlocutory application. His Honour's reasoning focused on the threshold requirement of demonstrating a serious question to be tried. The court exercised caution in allowing leave to appeal from interlocutory applications, particularly given the offer for an urgent final hearing which Mr Williams did not accept.

The application for leave to appeal was dismissed with costs.