Edmund Lee

Areas of Practice

Aboriginal Land Rights Law

Administrative Law

Environmental Offences

Native Title

Jurisdictions

High Court

Federal Court

New South Wales

Education

B.Sc (Hons) (University of Sydney)

LLB (Hons) (University of Sydney)

M.Env.Law (University of Sydney)

Admitted to NSW Bar: 2014

Admitted as a Solicitor: 2002

Professional Career

Edmund primarily practices in Indigenous Law, specialising in native title. In addition to appearing on the connection and tenure aspects of claimant applications and preparing agreements under section 87 and 87A of the Native Title Act 1993 (Cth), Edmund has drafted a number of complex whole of country indigenous land use agreements which formed part of the settlement of proceedings.

Related to native title proceedings, Edmund has also appeared in applications relating to the judicial review of the Registrar's decision not to register a native title determination application, dismissing native title determination applications, joinder applications and protection of confidential materials.

Edmund has also advised on the complex interrelationship between environmental offences and native title, in particular fisheries offences, and native title compensation.

Examples of recent cases

• Bates on behalf of the Malyangapa People (Part B) v Attorney General of New South Wales [2021] FCA 1198
• Blackburn v Wagonga Local Aboriginal Land Council [2021] FCAFC 210 per Mortimer, Perry and O'Bryan JJ
• Roberts on behalf of the Widjabul Wia-Bal People v Attorney-General of New South Wales (No 2) [2020] FCAFC 128 per Reeves, Murphy and Griffiths JJ
• Widjabul Wia-Bal v Attorney General of New South Wales (2020) 274 FCR 577; [2020] FCAFC 34 per Reeves, Jagot and Mortimer JJ
• Pacey on behalf of the Gumbaynggirr People and Attorney General of New South Wales [2019] FCA 1916 per Robertson J
• Williams on behalf of the Gumbaynggirr People and Attorney General of New South Wales [2019] FCA 1915 per Robertson J
• Nicholls on behalf of the Bundjalung People of Byron Bay and Attorney General of New South Wales [2019] FCA 527 per Robertson J
• Pappin on behalf of the Muthi People v Attorney-General of New South Wales (No 3) [2018] FCA 1036 per Griffiths J
• Western Bundjalung People v Attorney-General of New South Wales [2018] FCA 970 per Jagot J
• Widjabul Wia-Bal v Attorney-General of New South Wales (Section 87 Agreement) [2022] FCA 1521 per Rares J

Examples of recent agreements

• Widjabul Wia-Bal Goori Naa Land Use Agreement ILUA (registered 19n April 2023);
• Western Bundjalung Amended Settlement Indigenous Land Use Agreement 9registered 4 May 2021);
• Cavanbah (Byron Bay) Arakwal Indigenous Land Use Agreement (registered 20 May 2020);
• Gumbaynggirr (Boney) Settlement ILUA (registered 26 July 2018);
• Gumbaynggirr Wenonah Head ILUA (registered 26 July 2018).

Publications

• Lee E and Field V "14.11 - Fisheries" The Laws of Australia, Thompson Reuters (2021)
• Lee E "33.5 - Breach of Statutory Duty" The laws of Australia, Thompson Reuters (2015)
• Lee E and Field V "14.8 - Cultural Heritage" The Laws of Australia, Thompson Reuters (2023) (in preparation)
• Contributor to the LexisNexis Butterworths Encyclopaedic Australian Legal Dictionary and related products.
• Lee E "Are your claims of carbon neutrality sound? - the National Carbon Offset Standard" (2010) 62(4) Keeping Good Companies 232.
• Lyster R, Wiffen G and Lee E "Integrated Natural Resource Management" in Lyster R, Lipman Z, Franklin N, Wiffen G and Pearson L Environmental and Planning Law in New South Wales (Federation Press, Sydney (now in its third edition).
• Davis R and Lee E "Marine Environmental Protection and the Southern Ocean: The Maritime Jurisdictional Dimension of the Antarctic Treaty System" in Alex G Oude Elferink and Donald R Rothwell (eds) The Law of the Sea and Polar Maritime Delimitation and Jurisdiction (Kluwer Law International: Great Britain, 2001).
• Lee E, Baird M and Lloyd I, QC "State Environmental Planning Policy No 46 - Protection and Management of Native Vegetation" (1998) 15(2) Environmental and Planning Law Journal 127. 
• Lee E and Rupp AJ "The native Vegetation Conservation Act" (1998) 15(2) Environmental and Planning Law Journal 82.
• Lee, E "The Mekong River Basin Agreement" (1996) 1 Asia Pacific Journal of Environmental Law 134.