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.

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