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ARTICLE · 03 DECEMBER 2022

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Compulsorily acquiring native title rights

The Lawson Proceedings, a 2022 NSWLEC decision, has shed light on additional considerations with native title claims.

AustraliaGovernment, Public Sector

Update on the Lawson Proceedings Lawson v Minister for Environment and Water [2022] NSWLEC 122

Acquiring authorities, including Councils, can acquire native title rights and interests the same way they can any other interests in land. However, the Lawson Proceedings have shed light on additional considerations with native title claims.

The proceedings take their name from Ms Dorothy Lawson, Murra Wurra Paakantji elder (dubbed 'the next Eddie Mabo' by media). While they date back to 2014, Ms Lawson's legal battle really started in 2003.

The land is in the Lake Victoria area, part of the Murray-Darling basin. In 1914, the Commonwealth and the States of New South Wales, Victoria and South Australia entered into an agreement for water storage for the benefit of South Australia.

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