Rossiter, Chris --- "Darkingung Local Aboriginal Land Council v The Minister for Natural Resources" [1985] AboriginalLawB 21; (1985) 1(13) Aboriginal Law Bulletin 7

• Darkingung Local Aboriginal Land Council V The Minister For Natural Resources
• Aboriginal Land Rights Act I983, S.36-Injunction To Restrain Minister Of The Crown-Claim By Aboriginal Land Council To Land Pursuant To S.36 Of The Aboriginal Land Rights Act.

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Darkingung Local Aboriginal Land Council v The Minister for Natural Resources

Aboriginal Land Rights Act I983, s.36 - injunction to restrain Minister of the Crown - claim by Aboriginal Land Council to land pursuant to s.36 of the Aboriginal Land Rights Act.

Darkingung Local Aboriginal Land Council v The Minister for Natural Resources

Supreme Court of New South Wales, Equity Division (Cohen J.)

21 February, 1985

Casenote by Chris Rossiter

Crown land which, if vacant, was claimable under s.36 of the Aboriginal Land Rights Act. 1983, was occupied pursuant to a permissive occupancy. The permissive occupancy was due to expire in the immediate future and the Crown had demanded that the land be cleared of improvements. The Aboriginal claimants wish the improvements to be retained and sought an injunction from the Minister for Natural Resources and the licencees of the permissive occupancy to restrain the defendants from removing the improvements. Held, the Minister like any land owner, had the power to remove fixtures and under the terms of the permissive occupancy, the Minister could require the occupiers to remove buildings. The Minister and other defendents were not doing any unlawful act in removing fixtures and improvements. Although the plaintiff had standing to approach, the court for an injunction, the court would only restrain acts of the owner of the land which would destroy the subject matter of an application under s.36 if the act is that of a wrong doer.