summarise wik peoples v queensland
Wik Peoples v Queensland is a landmark case that was heard by the High Court of Australia in 1996. It concerned the native title rights of the Wik Peoples, who sought recognition and protection of their traditional land rights in the Cape York Peninsula of Queensland.
The case held significant implications for native title law in Australia, as it involved the interpretation of the Native Title Act 1993. The primary issue was whether pastoral leases granted by the Queensland government extinguished native title rights over the land.
The High Court ultimately held that the grant of a pastoral lease did not necessarily extinguish native title, but rather coexisted with it, allowing both the rights of leaseholders and native title holders to coexist on the same land. This decision was a departure from the previous understanding that pastoral leases extinguished native title.
The case also highlighted the importance of the concept of extinguishment in native title law, as it clarified that certain activities by the government, like granting leases, did not automatically extinguish native title. This has had significant implications for subsequent native title claims and has influenced the understanding and interpretation of native title rights in Australia.