Outcomes and orders

Resolving disputes

Aboriginal land claims are usually resolved by hearings. Mediation and conciliation are also offered and mediation has been used successfully. Information is available on:

Giving judgment

At the conclusion of the hearing or at a later date, the judge hearing the proceedings will give judgment.  The judgment will state the decision and orders and give reasons for making the decision.  Further information is available on:

Orders

After hearing the appeal, the Court determines whether the Crown Lands Minister has satisfied the Court that the lands claimed are not claimable Crown lands.  If the Minister has satisfied the Court that the lands or a part thereof are not or is not claimable Crown lands, the Court will dismiss the appeal and refuse the claim.  If the Minister has not satisfied the Court that the land or a part thereof are not or is not claimable Crown lands, the Court will uphold the appeal and order that the lands or the part be transferred to the claimant Aboriginal Land Council or, where the claim is made by the New South Wales Aboriginal Land Council, to a local Aboriginal Land Council (if any) nominated by the New South Wales Aboriginal Land Council (see s 36(7) of the Aboriginal Land Rights Act).

Giving effect to the court’s decision

The decision of the Court is final and conclusive, binding on the parties and is to be given effect accordingly (see s 56(a) of the Court Act).

Appeals

A party may appeal against an order or decision of the Court in an Aboriginal land claim appeal on a question of law. As the Court will be constituted by a judge, the appeal is under s 57 of the Land and Environment Court Act to the NSW Court of Appeal.

Further information is available on appeals.

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