NSWNSWLEC
Batemans Bay Local Aboriginal Land Council v Minister Administering the Crown Lands Act
[2007] NSWLEC 800
Land and Environment Court (NSW)|2007-07-01|Before: Sheahan J, Ms J, Mr J
View original sourceAt a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
2007-07-01
Before
Sheahan J, Ms J, Mr J
Source
Original judgment source is linked above.
Judgment (42 paragraphs)
[1]
- The Applicant submits that the claimed land was not lawfully occupied or used by the Forestry Commission.
[2]
- The Forestry Act, as it applied at the time of the claim, showed a legislative intention to treat the powers that the Forestry Commission exercised over Crown-timber lands differently from the powers it was able to exercise over State forests, timber reserves and flora reserves. The effect of this was to give the Forestry Commission limited powers pursuant to s.11(1) of the Forestry Act to use the land to take timber and timber products and to do the works necessary for the taking or removing of timber or timber products. Importantly, it did not have any general statutory powers and duties to control and manage the land.
[3]