TEST CASE TO DECIDE PASTORAL LEASES CLAIMS
by Trudy Harris
The Federal Court announced yesterday it would determine as a
priority whether pastoral leases extinguish native title in a
crucial test case for the Federal Government's controversial
M*bo law.
Justice Doug Drummond ruled in Brisbane he would determine the
validity of pastoral leases that have been claimed by the Wik
people in a land claim over properties in north Queensland and
CRA's Weipa bauxite deposits.
At hearings next month he will attempt to clear up confusion
over Aboriginal native title claims that mining and farmer
organisations say are causing serious uncertainty and
hindering development.
The Queensland Government has repeatedly claimed pastoral
leases automatically extinguish native title, but the Native
Title Tribunal President Justice Robert French, has said the
issue should be tested in court.
The test case will have important implications for the future
of Aboriginal native title claims over pastoral leases, which
comprise about 70% of Australian land.
The Wik people have also lodged a land claim before the Native
Title Tribunal for more than 35,000 sq km of Cape York
including nine pastoral leases, seabeds, areas of national
park and CRA's bauxite mine.
The Federal Court yesterday granted a request by counsel for
the Wik people, Mr Philip Hunter, to change a section of the
Wik's statement of claim challenging the Queensland
Governments power to issue pastoral leases that extinguish
native title, and whether all leases extinguish native title.
"There is no reason why this question (the validity of
pastoral leases) should not be set down as a preliminary
question on October 17," Justice Drummond said.
The Wik people want pastoral leases to co-exist with native
title, ensuring Aboriginal people could have access to their
traditional lands without diminishing the rights of farmers
holding pastoral leases.
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