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The wik people appealed to the high court where by a

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Unformatted text preview: Federal Court for title to native land that included two pastoral leases. Drummond J held that the claim could not succeed because the land was subject to pastoral leases that extinguished native title. The Wik people appealed to the High Court where, by a 4:3 majority, it was held that the Wik people could continue with their land claim. The grant of a lease didn’t automatically extinguish native title rights because: • the statutes creating pastoral leases in Queensland didn’t reveal an intention to extinguish native title; • pastoral leases didn’t give exclusive possession to pastoralists; and • native title rights could continue at the same time the land was subject to a pastoral lease. Pastoral leases and native title rights could co-exist on the same land where there was no inconsistency between them. However, in the event of a conflict between the two rights, the pastoral leaseholder would succeed. What is native title? Native title is defined in s 223(1) of The Native Title Act 1993 (Cth) as: the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters where: PROPERTY AND MORTGAGES 33.1 CHAPTER 33 TABLE Complementary state native title legislation • PART 6 • BUSINESS ORGANISATIONS AND THE LAW 860 • the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal people or Torres St...
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