Wiradjuri Wellington v NSW Minister for Land and Water Conservation

The case before the court involved the Wiradjuri Wellington, represented by Rose Chown, Glenda Bell, Sandra Ah-see, and Matilda Hill, who sought to challenge the actions of the NSW Minister for Land and Water Conservation. The primary dispute was whether the Minister's decision to authorise the construction of a dam on land deemed sacred by the Wiradjuri Wellington was lawful and in line with the relevant legislation. The case was heard in the Supreme Court of New South Wales.

The court was tasked with determining several legal issues, including whether the Minister had the authority to authorise the dam construction without consulting the Wiradjuri Wellington and whether the Minister's decision was in breach of any statutory obligations. The case also required the court to examine the extent to which the Minister's decision might have infringed on the Wiradjuri Wellington's native title rights and the extent of consultation required under the relevant legislation.

The court found that the Minister's decision to authorise the dam construction was unlawful, as it failed to adequately consult the Wiradjuri Wellington and other native title holders. The court held that the Minister had not discharged the onus of proving that the dam construction was necessary and justified under the circumstances. The court also determined that the Minister's decision had the potential to infringe on the Wiradjuri Wellington's native title rights and that the Minister had not adequately considered the potential impacts of the dam construction on the Wiradjuri Wellington's cultural heritage. The court thus quashed the Minister's decision and remitted the matter back to the Minister for reconsideration.