The recent court decision concerns two holes at Narooma’s award-winning golf course. Photo: Adrian Fisse from Fisse Design, via Narooma Golf Club/Facebook.
Part of an award-winning golf course has a “new landlord”, after a NSW court found the area didn’t qualify as “claimable Crown lands”.
Narooma Golf Club’s 18-hole course has been included in several ‘best of’ lists, even taking the top spot in a ranking of public access courses across NSW and the ACT in 2023.
But part of the course – around its 13th and 14th holes – was subject to a long-running court case.
Four Aboriginal land claims were made by the NSW Aboriginal Land Council (NSWALC) on behalf of the Wagonga Local Aboriginal Land Council (WLALC), between 2006 and 2016, but these were fully or partially refused.
The two applicants appealed the eastern section of the claimed land, and in a recent decision in the NSW Land and Environment Court, Justice Sarah Pritchard ruled in their favour.
‘”[The] minister has failed to establish to the ordinary civil standard that as at the dates of the first two claims, 12 July 2006 and 9 September 2009, the whole or part of the claimed land was “lawfully used or occupied”, and therefore not “claimable Crown lands”,” she said.
The decision means the area is now in the hands of the WLALC.
Justice Pritchard said the two holes, which were opened in 1980, were listed under a lease from 2000.
“In the present case, whether the club had a right to occupy the claimed land depended on the validity of the lease,” she said.
The golf club was found to have “no right to lawful occupation” of the area in question, with Justice Pritchard not satisfied that it was lawfully used by members of the public for public recreation.
“In short, the applicants submitted that the land the subject of the 2000 lease was to be used and occupied by the golf club for the benefit of its members and its own private profit, instead of for public recreation,” she said.
“The lease was not authorised under the CLA [the Crown Lands Act 1989], was invalid at each of the dates of claim, and could not confer any right to possession of the eastern portion of the claimed land.”
Justice Pritchard also accepted the applicants’ arguments that members had “greater rights of control” over the course (when compared to the public as a whole).
“In these circumstances, as at 2000 or at any of the dates of claim, it could not be said that the general public had access to the golf course as of right such that the land was akin in some sense to a public park,” she said.
Under the decision, the Narooma Golf Club has been told to transfer the land to Wagonga Local Aboriginal Land Council.
The club will have to do “all things necessary to enable the transfer” within six months of the decision.
Following the decision, the NSWALC and WLALC issued a joint statement.
“This decision does not jeopardise the operations of the Narooma Golf Club, it merely provides a new landlord for a small portion of the course,” they said.
They also described the claimed land, along with other NSW Crown Land, as having “immense cultural and social significance”.
In response to questions from Region about what the decision means for the future of the golf course, a NSWALC spokesperson said there would be no immediate changes.
“The decision by the NSW Land and Environment Court represents the application of established principles … [Decisions] like this almost always simply result in a change in landlord and do not impact on the use of the land.
“In most cases, tenants are better off dealing with a local community-run organisation compared to the State Government.”
They also said the WLALC board were meeting on Friday (17 April), to determine their next steps.
“If the Wagonga LALC approves the grant of a tenure to the golf club, the NSW Aboriginal Land Council will provide support to the LALC to ensure a seamless transition when the land is transferred.”
Region also contacted the Narooma Golf Club for comment, which said it was preparing a response that would be released at a future date (including to club members).
