Catchwords:

LAND LAW — Indigenous land rights — Aboriginal Land Rights Act 1983 (NSW) — claimable Crown lands — where primary judge found land was not claimable Crown lands under s 36(1)(c) because it was needed for an essential public purpose — whether primary judge applied s 36(1)(c) erroneously— where primary judge failed to address the absence of decision of executive government that the land was needed for a particular purpose — where primary judge identified essential public purpose as education provided by private community college — whether primary judge’s conclusion was legally unreasonable

APPEALS — right of appeal — scope of right — error of law — where appeal from decision from Land and Environment Court only lies on question of law — whether appeal grounds raise questions of law — where grounds allege error in primary judge’s application of s 36(1)(c) of the Aboriginal Land Rights Act 1983 (NSW)