The NSW Aboriginal Land Council has called a High Court ruling in their favour over a disputed piece of land in Sydney's eastern suburbs "a win for common sense and justice for Aboriginal people".
On Wednesday, the Court reinstated a 2021 decision by then NSW Minister for Planning and Public Spaces Rob Stokes to allow La Perouse Local Aboriginal Land Council's claim for the site of the abandoned Paddington Bowling Club.
A 50-year lease for community and sporting club facilities was granted to the Paddington Bowling Club Ltd in 2010, and in 2011 the lease was transferred with the consent of the Minister to CSKS Holdings Pty Ltd, who "undertook no purposeful activity on the land" and transferred the lease to Quarry Street Pty Ltd in 2018.
The La Perouse Local Aboriginal Land Council made a claim to the land in 2016 under the Land Rights Act, which was approved by the Minister in 2021.
Quarry Street were subsequently successful in their case to regain control of the site in the NSW Court of Appeals, with the decision "quashing the decision of the Minister", according to High Court of Australia chronology.
By majority, the High Court determined on Wednesday, in regards to Section 36 of the Aboriginal Land Rights Act, merely holding the lease of land wasn't enough to qualify as being "lawfully used", and that when a claim is made land is only being "used" when being physically deployed for a purpose.
NSWALC, who supported La Perouse LALC in their High Court case, felt a loss would forever change the future of land rights in the state.
The decision in their favour, chair Raymond Kelly said, "holds the line in New South Wales and sends a message right across the country".
"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," Mr Kelly said on Wednesday.
"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."
Mr Kelly added the case, he labelled a challenge of the Land Rights Act, was a "waste of money for La Perouse, and added the decision made will "help to speed up the 30,000 undetermined land claims across the State".
La Perouse LALC chief executive Chris Ingrey was "extremely pleased" by the High Courts determination.
"We are relieved that the High Court has upheld the decades-old framework, one that is well understood by the NSW Government and Aboriginal Land Councils, on which Crown land is claimable in NSW," he said.
"The La Perouse LALC looks forward to investigating future use options for the site and will work with its members to determine such future use."
According to ABC, Quarry Street was also ordered to pay La Perouse LALC's costs.
"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," NSWALC chair Mr Kelly said.
"Our people are dying waiting for these outcomes, and NSWALC will continue to fight for their rights."
