Dates v Roads and Traffic Authority of NSW [2009] NSWLEC 82

Dates v Roads and Traffic Authority of NSW [2009] NSWLEC 82

The question posed by s 40D(1)(a) of the Aboriginal Land Rights Act 1983 (NSW) as to whether land is of cultural significance to Aborigines of the area is not a jurisdictional fact; the final determination is committed by the Act to the Local Aboriginal Land Council with approval of the New South Wales Aboriginal Land Council, not subject to judicial review provided procedural requirements are met.

Jurisdiction
Australia
Judgment Date
29 May 2009
Procedural Posture
Judicial Review / Preliminary Issue; Construction of S 40 D(1)(a) of Aboriginal Land Rights Act 1983
Outcome
Paragraph 2A of the amended summons dismissed; costs of preliminary issue reserved; matter listed for directions.
Legal Topics
['jurisdictional Fact' 'statutory Interpretation' 'aboriginal Land Rights Act 1983 (nsw)' 'disposal of Aboriginal Land']
['administrative Law' 'aboriginal Land Rights'] ['jurisdictional Fact' 'statutory Interpretation' 'aboriginal Land Rights Act 1983 (nsw)' 'disposal of Aboriginal Land']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Preliminary Issue; Construction of S 40 D(1)(a) of Aboriginal Land Rights Act 1983

Legal Issues

  1. 1 ['Whether the question posed by s 40D(1)(a) with respect to whether land is of cultural significance to Aborigines of the area is a jurisdictional fact.' 'Whether the final determination is for the Court or the Local Aboriginal Land Council.']

Ratio Decidendi

The question posed by s 40D(1)(a) of the Aboriginal Land Rights Act 1983 (NSW) as to whether land is of cultural significance to Aborigines of the area is not a jurisdictional fact; the final determination is committed by the Act to the Local Aboriginal Land Council with approval of the New South Wales Aboriginal Land Council, not subject to judicial review provided procedural requirements are met.

Court Disposition

Paragraph 2A of the amended summons dismissed; costs of preliminary issue reserved; matter listed for directions.

Orders

  • ['Paragraph 2A of the amended summons is dismissed.' 'The costs of the preliminary issue are reserved.' 'The matter is listed before the List Judge for directions on 5 June 2009.']