The word 'likely' in s 36(1)(c) of the Aboriginal Land Rights Act 1983 means 'a real or not remote chance or possibility' rather than 'more probable than not'. A longstanding bureaucratic proposal by a government agency to use Crown land for a public purpose, which has not been elevated to ministerial or cabinet level for decision over a period of decades, does not of itself establish that the land is 'likely to be needed' for that purpose. Events occurring after the date of a land claim may be considered only to confirm a foresight existing at the date of the claim, not as hindsight evidence of subsequent policy changes.
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