Griffiths v Minister for Lands, Planning and Environment

Real property – Compulsory acquisition - Section 43(1) of Lands Acquisition Act (NT) ("LAA") empowered Minister, subject to LAA, to compulsorily acquire land "for any purpose whatsoever" - Whether s 43(1) of LAA conferred power on Minister to acquire land solely to enable it to be sold or leased for private use.

Aborigines – Native title - Compulsory acquisition of native title rights and interests - Section 11(1) of Native Title Act 1993 (Cth) ("NTA") provided that native title could not be extinguished contrary to NTA - At time of notification of compulsory acquisition appellants had commenced proceedings for determination of native title to lots - Lots otherwise consisted of vacant Crown land - Whether s 24MD(2) of NTA permitted extinguishment of native title by compulsory acquisition when no non-native title rights and interests subsisted.

Statutes – Construction - Compulsory acquisition of native title interests - Whether s 43(1) of LAA conferred power on Minister to acquire interests including native title interests - Whether statute so providing is subject to interpretive principle that acquisition of native title interests must be stated in clear and plain terms - Whether distinction drawn between acquisitions for governmental and non-governmental purposes.

Aborigines – Native Title - Compulsory acquisition of native title rights and interests - Nature of such native title interests in Australian law - Whether such interests do or may include special features arising from spiritual, cultural or social connection between native title owners and their land - Communal character of native title - History of denial and later recognition of native title rights and interests in land in Australia - Whether such special characteristics of native title rights and interests import requirement for express provisions in legislation for compulsory acquisition of such rights and interests - Whether the LAA sufficiently or at all provides for acquisition of native title rights or interests in circumstances of the present case.

Words and phrases – "compulsory acquisition", "native title".

Lands Acquisition Act (NT) – ss 5A, 43(1).

Native Title Act 1993 (Cth) – ss 11(1), 24MD(2), 223.