I have been granted a pastoral lease over Crown land for the purpose of grazing stock. Can a native title claim be brought over land subject to a pastoral lease or does the grant of pastoral lease extinguish native title?
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Answer by Cressey Wallwork, Swanbourne 6010 WA
- The 1996 high court decision of Wik Peoples v Queensland [1996] HCA 40 found the grant of certain pastoral leases did not confer exclusive rights and therefore did not necessarily extinguish native title rights.
- In some cases native title rights survive the grant of pastoral leases and native title rights co-exist with the pastoral rights.
- This is of particular relevance to the Western Australian pastoral industry.
- You will have to look at the terms of your pastoral lease as well as the nature and extent of any native title rights claimed.
- A pastoral lease will extinguish native title rights to the extent that native title is inconsistent with the rights under the pastoral lease.