The Wik decision, handed down by the High Court in 1996, concerned pastoral leases, which were a type of grant made by Governments to third parties allowing them to carry on pasturing and, in some cases, agricultural and other primary-production activities. In that decision, the High Court had found that the grant of a pastoral lease in the past had not necessarily extinguished native title rights to the land concerned. Instead, native title-holders and pastoral lessees could coexist on pastoral lease land.
That decision had raised a number of issues.
Firstly, pastoral leases concerned about 40 per cent of Australian land. Therefore, added to the other 39 per cent, native title claims could be made to about 79 per cent of Australia.
Secondly, on pastoral lease land, it was clear that native title might not amount to full ownership of that land, because the native title owners shared the land with the pastoral lessees. There were two coexisting rights, neither of which amounted to full ownership.
Thirdly, although the decision had established basic principles, it had not dealt in detail with the relationship between the native title-holders and the pastoral lessees on pastoral lease land, which had remained unclear. Those issues had had to be addressed, as had a range of other questions that had arisen over the several years during which the Native Title Act had been in force.
2007-02-18 15:12:03
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answer #1
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answered by mary4882 4
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