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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- Three '12
- CROWN, native title, National Native Title Tribunal