Lawson v New South Wales Minister for Land and Water Conservation [2000] FCA 1864

Lawson v New South Wales Minister for Land and Water Conservation [2000] FCA 1864

The grant of fee simple under the Aboriginal Land Rights Act 1983 (NSW), being a special measure under s 8(1) of the Racial Discrimination Act 1975 (Cth), extinguishes native title. Even if the non-extinguishment principle under s 47A of the Native Title Act applies, the rights conferred by fee simple are wholly inconsistent with the exercise of native title so that no such rights can be asserted during the subsistence of the dominant freehold interest.

Jurisdiction
Australia
Judgment Date
18 December 2000
Procedural Posture
Interlocutory Application / Application for Interlocutory Relief and Costs Determination
Outcome
Interlocutory relief refused; no order as to costs.
Legal Topics
['extinguishment of Native Title' 'fee Simple and Native Title' 'special Measures Under Racial Discrimination Act' 'interlocutory Relief' 'costs Orders']
['native Title' 'property Law' 'discrimination Law'] ['extinguishment of Native Title' 'fee Simple and Native Title' 'special Measures Under Racial Discrimination Act' 'interlocutory Relief' 'costs Orders']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Interlocutory Relief and Costs Determination

Legal Issues

  1. 1 ['Whether native title is extinguished in land held in fee simple under the Aboriginal Land Rights Act 1983 (NSW)' 'Whether Aboriginal Land Rights Act 1983 (NSW) is a special measure under s 8(1) of the Racial Discrimination Act 1975 (Cth)' 'Whether any residual native title rights exist in land currently held as fee simple by the Dareton Local Aboriginal Land Council' 'Whether an order for costs should be made contrary to s 85A of the Native Title Act 1993 (Cth)']

Ratio Decidendi

The grant of fee simple under the Aboriginal Land Rights Act 1983 (NSW), being a special measure under s 8(1) of the Racial Discrimination Act 1975 (Cth), extinguishes native title. Even if the non-extinguishment principle under s 47A of the Native Title Act applies, the rights conferred by fee simple are wholly inconsistent with the exercise of native title so that no such rights can be asserted during the subsistence of the dominant freehold interest.

Court Disposition

Interlocutory relief refused; no order as to costs.

Orders

  • ['The Court declines to grant the orders for interlocutory relief sought on 9 March 2000.' 'No order as to costs.']