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Lawson v Minister for Land & Water Conservation for the State of New South Wales [2004] FCA 165 (16 February 2004)

Category: Case Law
Date: 16 February 2004
Sub Category:Litigated Determination
Location:Lake Victoria, southwest New South Wales, New South Wales, Australia
Legal Status: Registered on the National Native Title Register
Legal Reference: Federal Court file no.: NSD6167/98; Tribunal file
Alternative Names:
  • Barkandji (Paakantyi) People #11 Native Title Determination
  • Summary Information:
    Lawson v Minister for Land & Water Conservation for the State of New South Wales [2004] FCA 165

    Between: Dorothy Lawson, Phillip Lawson, Noel Johnson, Sheila Kirby and Irene Mitchell on behalf of members of the Barkandji People (APPLICANTS) AND
    Minister for Land and Water Conservation for the State of New South Wales and Others (RESPONDENTS)

    Judge: Whitlam J

    Determination: Native title does not exist in the determination area. No compensation is payable to the applicants in relation to the application.
    Detailed Information:
    This determination relates to applications for a determination of native title and compensation (the two applications covering the same area) in the region of Lake Victoria in New South Wales. The Court determined that by notification in the NSW Government Gazette on 1 December 1922, under the Public Works Act 1912 (NSW), there was an appropriation of so much of the area covered by the application that was not Crown land and the vesting of such acquired lands for an estate in fee simple. As a result of this, the act was to be described as a 'previous exclusive possession act' for the purposes of s 23B of the Native Title Act 1993 (Cth) (NTA) and resulted in extinguishment of native title.

    The Court determined that compensation was not payable under the NTA in relation to the vesting of the acquired lands. The reasons for the Court's decision are set out in Lawson v Minister for Land & Water Conservation for the State of New South Wales [2003] FCA 1127, handed down on 17 October 2003 (see online link below in Published Resources section).

    Related Entries

    Agreement
  • Barkandji Traditional Owners #8 v Attorney-General of New South Wales [2015] FCA 604
  • Organisation
  • State of New South Wales
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Minister for Land and Water Conservation - Respondent
  • Barkindji (Barkandji) People - Native Title Claimant
  • Paakantji People - Native Title Claimant
  • Dorothy Lawson, Phillip Lawson and Others on behalf of the Barkandji People

  • References

    Case Law
    Federal Court of Australia (2004) Lawson v Minister for Land & Water Conservation for the State of New South Wales [2004] FCA 165
    Federal Court of Australia (2003) Lawson v Minister for Land & Water Conservation for the State of New South Wales [2003] FCA 1127
    Resource
    National Native Title Tribunal (2004) Native Title Determination Summary: Barkandji (Paakantyi) People #11

    Glossary

    Native Title (Australia) | Litigated Determination (Native Title Act 1993 (Cth)) (Australia)

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