The New South Wales Aboriginal Land Council has secured a landmark High Court victory, gaining control of a disused bowling club in the inner-Sydney suburb of Paddington. The site, which has been abandoned since 2015, was the subject of a legal battle over whether its leaseholder's continued rent payments constituted lawful use, thereby preventing an Aboriginal land claim.
In a 3-2 split decision, the High Court ruled that the land was not being 'used' within the meaning of NSW law, as it was not physically deployed for any purpose. The judgment overturned a previous Court of Appeal decision that had quashed the minister's approval of the land claim, which had been based on the leaseholder's payment of rent and compliance with lease conditions.
Raymond Kelly, chair of the NSW Aboriginal Land Council, hailed the decision as a victory for 'common sense and justice'. He said it would send a message across the country and could accelerate the resolution of around 30,000 outstanding land claims in NSW. The site, covering 7,800 square metres, is expected to be transferred to the La Perouse Local Aboriginal Land Council, which will consult with members on its future use.
The ruling has been welcomed by local MP Alex Greenwich, who said the site had been left derelict for too long. The lease, originally signed in 2010 for $52,000 a year, had been held by a series of companies that failed to develop the land after plans for a childcare centre were rejected in 2014. The High Court's decision clarifies the interpretation of 'use' under the Aboriginal Land Rights Act, ensuring that mere leaseholding without active use does not block land claims.
