Wreck Bay Aboriginal Community Council v Williams

[2017] ACTCA 46

ACT Court of Appeal

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Interrogate

Catchwords

1. Aboriginal Land Rights
2. › Aboriginal Land Grant (Jervis Bay Territory)
3. › Dealings in Aboriginal Land
4. › Power to grant leases
5. › Whether power includes determination of lease terms
6. › Whether Residential Tenancies Act capable of concurrent operation
7. › Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth), ss 38, 40, 46
1. Constitutional Law (Cth)
2. › Territories
3. › Jervis Bay Territory
4. › Application of ACT laws
5. › Status of applied laws
6. › Whether ACT laws applied in JBT retain subordinate character vis-à-vis Commonwealth Acts
7. › Jervis Bay Territory Acceptance Act 1915 (Cth), s 4A
1. Statutory Interpretation
2. › Inconsistency between Commonwealth Act and applied territorial law
3. › Test for concurrent operation
4. › Whether applied law would alter, impair or detract from Commonwealth Act
5. › Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth), s 46

Quick Take

The Residential Tenancies Act 1997 (ACT) does not apply to leases granted by the Wreck Bay Aboriginal Community Council on Aboriginal Land insofar as ss 8 and 9 of the RT Act would impose mandatory standard residential tenancy terms or void inconsistent terms. ACT laws applied in the Jervis Bay Territory by s 4A of the Acceptance Act retain their subordinate character vis-à-vis Commonwealth Acts and do not take effect as Commonwealth legislation. The interest vested in the Council under the LG Act is a statutory title, not an estate in fee simple, and the Council's power to grant leases under s 38(2) includes the power to determine the terms of those leases.