New South Wales Aboriginal Land Council v Minister Administering the Crown Land Management Act (Brunswick River Claim)

The Court held that land falling within the external boundary of a registered native title determination application is 'the subject of' that application for the purposes of s 36(1)(d) of the ALRA, even where the application contains formulaic exclusions purporting to exclude areas subject to previous exclusive possession acts or extinguishment — because the determination of extinguishment is a matter for the Federal Court, not the Minister or the LEC, and the internal boundaries of a claim remain 'inchoate' until final determination. Accordingly, Lot 50 (Central) was not claimable Crown lands. The Court also held that the Riverfront Portion, though a Crown road under the Roads Act, was 'reserved or dedicated for any purpose' and thus satisfied s 36(1)(a) of the ALRA, and that neither Lot 50 (Central) nor the Riverfront Portion was needed or likely to be needed for the essential public purpose of nature conservation, as the Cabinet processes identified only a potential for future reservation subject to further assessment and consultation.