The case confirms that a finding as to whether land is 'likely to be needed' for an essential public purpose under s 36(1)(c) of the Aboriginal Land Rights Act 1983 (NSW) is a question of fact, and an appellate court on a question-of-law appeal cannot review the merits of that finding. Where competing government departments hold different positions on the use of claimed land, the practical likelihood of the competing purpose being pursued — not merely its theoretical possibility — is the relevant inquiry. The onus remains on the Minister to establish that land is not claimable Crown lands.
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