Worimi Local Aboriginal Land Council v Minister Administering the Crown Land Management Act 2016 [2022] NSWLEC 126 — Doctrine Of Implied Repeal — Barrister AI
Worimi Local Aboriginal Land Council v Minister Administering the Crown Land Management Act 2016
ABORIGINAL LAND RIGHTS: whether resumed land vested in Her Majesty as at the date of the claims
› whether Land Acquisition (Just Terms Compensation) Act 1991 vested the land in the Minister for Families, Communities and Disability Services
› whether land able to be sold and leased as at the date of the claims
› whether land was lawfully used or occupied as at the date of the claims
› whether the land was needed or likely to be needed as at the date of the claims.
STATUTORY CONSTRUCTION: whether the Land Acquisition (Just Terms Compensation) Act 1991 impliedly repealed the Real Property Act 1900 to the extent of any inconsistency
› doctrine of implied repeal
› whether the Acts can be construed harmoniously
› proper scope and operation of s 42(3) of the Real Property Act 1900.
Case Details
Citation[2022] NSWLEC 126
CourtNSWLEC
JurisdictionNew South Wales
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