Category Archives: Native Title

LAW FIRM, Native Title

Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40 | 23 December 1996

ON THIS DAY in 1996, the High Court of Australia delivered Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40; (1996) 187 CLR 1; (1996) 141 ALR 129; (1996) 71 ALJR 173 (23 December 1996).

http://www.austlii.edu.au/au/cases/cth/HCA/1996/40.html

  • Rights and obligations under pastoral leases are conferred by statute and do not necessarily extinguish native title nor confer exclusive possession to the lessees.
  • It is possible that pastoral leases and native title might co-exist.
  • In the event of an inconsistency between the two, the rights under the pastoral lease prevail over the native title rights.

Lawyers

Sydney, Australia

1300 00 2088

Native Title

De Satge on behalf of the Butchulla People #2 v State of Queensland [2014] FCA 1132

Orders were made today in the Federal Court of Australia determining that native title is held by the Butchulla People over  land and waters on Fraser Island, Queensland.

Lawyers

1300 00 2088

Constitutional law, Human Rights, Native Title, Property Law

State of Western Australia v Brown & Ors [2014] HCA 8

ON 12 MARCH 2014, the High Court of Australia delivered State of Western Australia v Brown & Ors [2014] HCA 8. Native title rights and interests asserted by the Ngarla People of the Pilbara were not extinguished by mineral leases because the leases did not exclude any and everyone from access to the land.

http://www.austlii.edu.au/au/cases/cth/HCA/2014/8.html

Lawyers

1300 00 2088

LAW FIRM, Native Title

Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40

ON THIS DAY in 1996, the High Court of Australia delivered Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40; (1996) 187 CLR 1; (1996) 141 ALR 129; (1996) 71 ALJR 173 (23 December 1996).

http://www.austlii.edu.au/au/cases/cth/HCA/1996/40.html

  • Rights and obligations under pastoral leases are conferred by statute and do not necessarily extinguish native title nor confer exclusive possession to the lessees.
  • It is possible that pastoral leases and native title might co-exist.
  • In the event of an inconsistency between the two, the rights under the pastoral lease prevail over the native title rights.

Lawyers

Sydney, Australia

1300 00 2088

LAW FIRM, Legislation, Native Title

1993 | Native Title Act passed

ON THIS DAY in 1993, the Commonwealth Native Title Act 1993 was enacted.

http://www.austlii.edu.au/au/legis/cth/consol_act/nta1993147

LAW FIRM, Native Title, Property Law

Gove Land Rights Case

ON THIS DAY in 1971, Blackburn J of the Nothern Territory Supreme Court delivered Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141.

In an attempt to protect their sacred sites, the Yolngu people challenged the validity of leases granted by the Commonwealth to a mining company. The people alleged that they held a common law right of ownership of the land under the doctrine of native title. Under the doctrine, native title is deemed to have existed at the time of settlement and continued after settlement.

The claim was unsuccessful. Blackburn J held that the doctrine of native title did not form part of the law of Australia as there had been peaceful settlement of unoccupied land (the fiction of terra nullius).

The Gove Land rights case was overturned by the Mabo case in 1992.