Everything about Wik Decision totally explained
Wik Peoples v. The State of Queensland (also known as the
Wik Decision) is a decision of the
High Court of Australia in December
1996, regarding the right of access by the
Wik peoples of
Cape York Peninsula in North
Queensland to
Crown land held under
pastoral leases for
cattle grazing. The court decided (4 judges to 3) that the rights of
indigenous people who can prove a connection to the land can coexist with the rights of the leaseholders (or
pastoralists), but where there's any inconsistency between the two, the rights of the pastoralist will prevail.
In other words, pastoral leases don't automatically give exclusive possession to the pastoralist, and therefore don't necessarily extinguish native title. This had been a major assumption upon which the
Native Title Act 1993 (Cth) had first been drafted.
The
Howard government passed the
Native Title Amendment Act 1998 (also known as the "10 point plan") in response to the Wik Decision.
Further Information
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