Recently a few native title claims were brought forward in our community. Some of my neighbours were saying since they ‘own’ their property a native title claim cannot be brought against their property. Is this true?
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Answer by Cressey Wallwork, Swanbourne 6010 WA
- The historical grant of a freehold interest in land or the construction of a public work will have totally extinguished native title over that land.
- Land tenure inconsistent with the continued enjoyment of native title rights extinguishes native title to the extent of the inconsistency.
- Native title is not extinguished by the grant of a mining lease.