Lawson v Minister for Environment & Water (SA)

[2021] NSWCA 6

NSW Court of Appeal

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Interrogate

Catchwords

1. Native Title
2. › Extinguishment
3. › Compensation
4. › Whether extinguishment occurred under legislation vesting land in another State or pursuant to resumption under Public Works Act 1912 (NSW)
5. › Whether possessory title and native title rights extinguished
6. › River Murray Waters Act 1915 (NSW), s 18
7. › Public Works Act 1912 (NSW), ss 42, 43, 45
1. Statutes
2. › Interpretation
3. › Legislative purpose
4. › Whether literal reading appropriate
5. › Whether particular construction would deprive persons of vested property rights without compensation
6. › Presumption against deprivation of property without compensation
7. › River Murray Waters Act 1915 (NSW), s 18

Quick Take

The extinguishment of native title or possessory title in the Lake Victoria area occurred by the 1922 resumption under the Public Works Act 1912 (NSW), not by s 18 of the River Murray Waters Act 1915 (NSW), and compensation is available under the Public Works Act.