Proprietary estoppel cannot create an interest in Crown land where the Crown Lands Consolidation Act 1913 (NSW) does not authorise the grant of that interest. Statutory powers of 'care and management' conferred on trustees or bodies managing Crown land do not extend to creating proprietary interests such as easements or rights of way. The prohibition in s 6 of the CLC Act is a constitutional principle for NSW that equity will not circumvent. However, s 153B(1) of the National Parks & Wildlife Act 1974 may provide a statutory avenue for access to landlocked properties surrounded by national parks.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
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