The Leeton Court House does not have its own carpark, but the nearest parking facility is subject to the land claim. Photo: Wikimedia commons.
The NSW Land and Environment Court will assess a land rights claim by the NSW Aboriginal Land Council (NSWALC) on a carpark next to the Leeton Court House later this month.
The NSWALC originally lodged a claim on the carpark land on 26 August 2020.
The NSW Crown Lands Department assessed this land as ‘not claimable’ under law on 25 August 2023.
The NSWALC filed an appeal against this decision with the Land and Environment Court on 12 December 2023 and the court case remains ongoing.
Region asked the NSWALC why it decided to launch a land claim on the Leeton carpark (Lot 1 of Section 42 in Deposited Plan 758606).
“The NSW Government originally acquired the land, along with the block next door in 1924 for the construction of the Leeton Court House,” a NSWALC spokesperson said.
“The courthouse was built on one parcel of land, leaving the other parcel vacant. NSWALC has claimed the vacant land through the NSW Aboriginal Land Rights Act 1983.
“From NSWALC’s investigations, it appears the parcel of land has been vacant for over 100 years. This is a good example of the Aboriginal land claim process being an effective tool to return land to the Aboriginal people for the creation of opportunities to activate land that is being underutilised, which will provide benefits to the broader community.”
Local and state Aboriginal Land Councils (ALCs) are bodies representing Indigenous communities on matters relating to land rights. Under a law passed in 1983, ALCs have the right to make a claim on Crown (state government-owned) land to which Aboriginal people may have a traditional or historical connection.
Aboriginal land claims can only be made on Crown land that is not lawfully used or occupied, not needed or likely to be needed as residential land or not needed or likely to be needed for an essential public purpose. Land claims cannot be made on privately-owned land or property.
The minister responsible for Crown land management is opposing the NSWALC Leeton carpark land claim in court, arguing the claimed land is being lawfully used or occupied by state government employees and members of the general public as a carpark and for access to the Leeton Court House (which does not have its own carpark attached to it).
The carpark being claimed also adjoins the Leeton Police Station and is used by people attending the station.
This court case remains ongoing with final hearings in Sydney set for 28 and 29 July.
Region asked the Crown Lands Department why it was opposing the NSWALC land claim.
“As the matter is before the court, we are unable to comment,” a departmental spokesperson said.
If this Leeton carpark land claim is granted, the land will be transferred as freehold land to the ownership of the NSWALC.
