Lawson v Minister Assisting the Minister for Natural Resources (Lands) [2004] FCAFC 308

Lawson v Minister Assisting the Minister for Natural Resources (Lands) [2004] FCAFC 308

The Gazette notification under the Public Works Act 1912 (NSW) appropriated and resumed the claim area and vested it in South Australia for an estate in fee simple in possession. The River Murray Waters Agreement itself had no legislative force and did not confer upon, or reserve to, third parties any proprietary rights in the claim area, and nothing in the legislation gave the Agreement that effect. Clause 57 therefore did not detract from the vesting of the fee simple estate in the Crown in right of South Australia. Under the general law any native title over the claim area was extinguished, and by operation of ss 23B and 23E of the Native Title Act 1993 (Cth) and s 20 of the Native...

Jurisdiction
Australia
Judgment Date
19 November 2004
Procedural Posture
Appeals in Native Title Determination and Compensation Proceedings Under the Native Title Act 1993 (cth) / On Appeal From a Judge of the Federal Court of Australia to the Full Court
Outcome
Both appeals were dismissed with costs.
Legal Topics
['extinguishment of Native Title Rights and Interests' 'previous Exclusive Possession Act' 'vesting of Land in the Crown for an Estate in Fee Simple' 'public Works Appropriation and Resumption' 'lake Victoria Works']
['native Title' 'property Law' 'statutory Interpretation'] ['extinguishment of Native Title Rights and Interests' 'previous Exclusive Possession Act' 'vesting of Land in the Crown for an Estate in Fee Simple' 'public Works Appropriation and Resumption' 'lake Victoria Works']

Case Brief

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Procedural Posture

Appeals in Native Title Determination and Compensation Proceedings Under the Native Title Act 1993 (cth) / On Appeal From a Judge of the Federal Court of Australia to the Full Court

Legal Issues

  1. 1 ['Whether the notification in the New South Wales Government Gazette on 1 December 1922 appropriated and resumed the claim area under the Public Works Act 1912 (NSW) and vested it in South Australia for an estate in fee simple.' 'Whether that act was a previous exclusive possession act within the meaning of s 23B of the Native Title Act 1993 (Cth) and s 20 of the Native Title (New South Wales) Act 1994 (NSW).' 'Whether cl 57 of the River Murray Waters Agreement qualified the vesting or preserved rights so as to prevent extinguishment of native title.']

Ratio Decidendi

The Gazette notification under the Public Works Act 1912 (NSW) appropriated and resumed the claim area and vested it in South Australia for an estate in fee simple in possession. The River Murray Waters Agreement itself had no legislative force and did not confer upon, or reserve to, third parties any proprietary rights in the claim area, and nothing in the legislation gave the Agreement that effect. Clause 57 therefore did not detract from the vesting of the fee simple estate in the Crown in right of South Australia. Under the general law any native title over the claim area was extinguished, and by operation of ss 23B and 23E of the Native Title Act 1993 (Cth) and s 20 of the Native...

Court Disposition

Both appeals were dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants pay the respondents' costs."]