The Leeton CBD lot to be handed over to the Aboriginal Land Council is being used as a carpark. Photo: NSW CaseLaw.
Leeton Shire Council says it will look to work with the NSW Aboriginal Land Council on the future use of a central CBD site currently used as a carpark next to the courthouse, following a landmark court ruling last week.
The NSW Land and Environment Court has ordered ownership of a gravel lot on the corner of Oak and Church streets be transferred to the Leeton and District Local Aboriginal Land Council within six months, after finding the NSW Government wrongly rejected a land rights claim.
Under NSW law, Aboriginal land councils can claim certain unused or underused Crown land that is not lawfully occupied or required for an essential public purpose.
In this case, the government argued the land was no longer Crown land after being acquired for courthouse purposes in 1925, and that it had long been used as a carpark by courthouse staff, police, Corrective Services workers and members of the public.
However, the court found that while the site was being used for parking, the government could not demonstrate that the use was legally authorised under Crown land arrangements. It also found that at the time of the original 2020 claim, the land was still registered to the state of NSW and therefore met the definition of “claimable Crown land”.
Region asked the NSW Aboriginal Land Council (NSWALC) whether the site would continue to operate as a carpark after the transfer and what its plans were for the land. It did not respond.
Leeton Council general manager Jackie Kruger said the site was important to the town.
“While council doesn’t have direct control of the site, we recognise its strategic importance as a carpark, including for weddings, funerals and major events at Mountford Park,” she said.
“Council has a good working relationship with the Leeton and District Local Aboriginal Land Council and we would welcome the opportunity to work with them on future plans for the site in the best interests of the Leeton community.”
The carpark site is in a central location. Photo: CaseLaw NSW.
The NSW Government said it acknowledged the court’s decision and was reviewing the judgment and considering its position.
A spokesperson for the Department of Planning and Environment (Crown Lands) said any future use of the site, including whether it remained a carpark, would be a matter for the Aboriginal Land Council once transfer was completed.
Region asked why the site had remained undeveloped for a century and why no legal arrangements were put in place to prevent successful land claims, but the government did not respond to those questions.
During the proceedings, the NSWALC told Region the claim stemmed from the fact the site had never been developed for its original purpose.
“The NSW Government originally acquired the land, along with the block next door, in 1924 for the construction of the Leeton Court House,” a spokesperson said.
“The courthouse was built on one parcel of land, leaving the other vacant. NSWALC has claimed the vacant land through the NSW Aboriginal Land Rights Act 1983.
“Our investigations indicate the parcel has remained vacant for more than 100 years.
“This is a clear example of the land claims process returning underutilised land to Aboriginal people and creating opportunities for community benefit.”
