Catchwords:

LAND LAW — Indigenous land rights — Aboriginal Land Rights Act 1983 (NSW) — Claimable Crown lands — Lawfully used or occupied for the purposes of s 36(1)(b) — Definition of “land” — Where land claimed is subject to a lease granted by the Crown — Where no lawful physical use of the land by tenant — Whether a “use” of the land may include a non-physical use — Claimable Crown lands include all estates and interests in the land — Multiple concurrent users with different “uses” and purposes must be considered independently — Leasing of the land by the Crown is a valid “use” of the estate in fee simple — Minister’s decision an error of law and legally unreasonable — Appeal allowed.