The Crown Land Commissioner, Professor Richard Bush, is undertaking an independent statutory review of the Crown Land Management Act 2016 (CLM Act) and has published a discussion paper seeking the public’s input into the review. About the statutory review The Commissioner was…
The ownership and control of public land is varied. It may be owned and managed by a local council, or owned by the Council and managed by the private sector. Alternatively it may be owned by the State government and…
The High Court has handed down a significant decision protecting beaches from native title determinations excluding public access. The case involved 40km of coast in northern Western Australia which was subject to a native title claim. The Full Federal Court…
The NSW Land Registry Services (NSW LRS) has published information on changes to its operations to address disruptions arising from COVID-19. This information is being updated regularly and anyone who proposes to lodge dealings, plans or other instruments should check…
The Public Health (COVID-19 Mass Gatherings) Order 2020 (‘Order‘), made under section 7 of the Public Health Act 2010 (NSW) took effect at 5pm on 18 March 2020. The Order prohibits gatherings of 500 or more people in ‘a single…
The Native Title Legislation Amendment Bill 2019 (‘Bill‘) was reintroduced into Parliament on 17 October 2019. The Bill introduces a number of reforms to the native title system under the Native Title Act 1993 (Cth). A previous iteration of the Bill…
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…