3 September, 2025

High Court upholds Aboriginal Land Rights Act 1983 (NSW), confirming land can be returned to NSW Aboriginal Communities 

Today proves what we already knew. The Aboriginal Land Rights Act 1983 (NSW) endures, as it has for the past 40 years, providing rights to Aboriginal people across NSW. 

We, as the NSW Aboriginal Land Council (NSWALC), welcome the important decision made today by the High Court of Australia in reconfirming that the land subject to the Quarry Street appeal was not being lawfully used and therefore can be returned to La Perouse Local Aboriginal Land Council (LALC). 

Today validates the long-standing interpretation held by our organisation, by the Government and the Parliament of New South Wales that a lease alone, without actual physical use of the land, does not constitute “lawful use” under the Aboriginal Land Rights Act 1983 (NSW). 

Do not underestimate anything. This is not just a small win on a Land Rights claim. This is a win for common sense and justice for Aboriginal people. It holds the line in NSW and sends a message right across the country. 

This decision brings to a close nearly four years of frustration and delay for the La Perouse LALC, and reaffirms the original grant made by the Minister in 2021. We are proud to have been able to support them through this appeal and see a positive outcome as a result. 

While today is positive and allows us to get back to work in supporting the land rights of our people, we are incredibly disappointed that the Minister did not defend the original decision in the High Court and that this appeal even made its way to where it is today. 

This was a waste of money and justice delayed for the La Perouse LALC, all driven by Quarry Street, which chose to challenge the legislative foundations we have been operating on for 40 years. 

We look forward to seeing what opportunities the returned land presents for the La Perouse LALC and how this ruling will help to speed up the 30,000 undetermined land claims across the State. 

Today is a moment for celebration, but we must also recognise the urgent need to improve the process for returning lands. Aboriginal people should not have to wait years – let alone decades – for justice. Our people are dying waiting for these outcomes, and NSWALC will continue to fight for their rights. 

NSWALC is the State’s peak representative body in Aboriginal Affairs and aims to protect the interests and further the aspirations of the 121 NSW Local Aboriginal Land Councils and the broader Aboriginal community. It was established in the 1970s to assist in the fight for land rights and was formally constituted as a statutory corporation under the New South Wales Aboriginal Land Rights Act in 1983. NSWALC is the largest member-based Aboriginal organisation in NSW.