On 17 April 2019, the High Court of Australia determined that mining leases were not a ‘lease’ under s47B of the Native Title Act 1993. This ruling is important because it means that any extinguishing effect of native title by mining…
The Aboriginal Land SEPP
9 Apr, 2019
The State Environmental Planning Policy (Aboriginal Land) 2019 (‘SEPP‘) came into force on 6 February 2019. The SEPP provides for the making of ‘development delivery plans‘ (‘DDPs‘) for land owned by Local Aboriginal Land Councils (‘LALCs’) which must be considered when…
Native Title Legislation Amendment Bill 2019
26 Mar, 2019
The Native Title Legislation Amendment Bill 2019 (‘Bill’) is currently being considered by the Australian Parliament. The Bill was read for a second time in the House of Representatives on 21 February 2019 by the Attorney-General following which debate was adjourned. The next…
Yesterday, in a landmark decision, the High Court of Australia determined the amount of compensation payable to a native title group for both economic and cultural loss. The Northern Territory of Australia was ordered to pay a total of $2,530,350…
Expansion of types of leases and licences that Council managers can grant over pre-POM Crown land
28 Feb, 2019
Local councils who are Crown land managers can now grant more types of leases and licences over Crown land that they manage pending the adoption of a plan of management (‘POM’) for that land under the Local Government Act 1993…
Overview of Proposed 2018 Native Title Reforms
4 Dec, 2018
In November 2018, the Commonwealth Attorney-General’s Department and the Minister for Indigenous Affairs released exposure draft legislation which proposed reforms to the native title system under the Native Title Act 1993 (Cth). The two exposure drafts, the Native Title Amendment…
When the Crown Land Management Act 2016 (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act 1993 (Roads Act) were amended. Significantly, the Roads Act now distinguishes between ‘council public roads‘,…
The provisions of the Crown Land Management Act 2016 (‘CLM Act’) which are not yet in force will commence operation on 1 July 2018 and the existing Crown Lands Act 1989 (‘Former Act’) will be repealed on that day. The CLM…
The Crown Land Legislation Amendment Act 2017 (‘CLLA’) was assented to on 17 May, 2017. The majority of the CLLA Act will commence on the day when the Crown Lands Act 1989 is repealed by the Crown Land Management Act…
Vesting of Crown Lands in Councils
21 Dec, 2016
The new Crown Lands Management Act 2016 (CLM Act), which will eventually repeal the Crown Lands Act 1989, received royal assent on 14 November 2016. The majority of its provisions are not yet in effect. However provisions regarding the vesting of…
The Land and Environment Court in the recent case of Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 found that a commercial function centre proposed to be used for private events such as…
Compulsory Acquisition of Reserve Trust Land
4 Mar, 2014
Tempe Recreation (D.500215 & D.1000502) Reserve Trust v Sydney Water Corporation [2013] NSWLEC 221, is the first case to consider s106A of the Crown Lands Act 1989 (CL Act) which relates to the compulsory acquisition of reserve trust land under the…