Native Title and pastoral lease update.
The unfolding drama.
As the following article makes clear, things are not
looking promising for First Peoples to have the co-
existence of both titles recognised in the Anglo-
Australian courts. They have had a series of set-backs.
Rather than resolving the uncertainly by the fair and
balanced means - which is to recognise both titles and to
move ahead - a more likely outcome appears to be a strict
adherence to imperial notions of law imported from
elsewhere into Australian life.
People concerned about this trend need to be actively
involved in creating a climate of opinion which will be
supportive of justice in the courts and in the
Parliament.
And, yes, it is an uphill battle - but, as the article
says, so was the Meriam peoples native title Mabo case
which started in 1982. And they won against Queensland
(on the same 3 June day in 1992 as Queensland played in
the State of Origin! Judgement Day.)
Are Queenslanders to be two-time losers by failing to
redeem themselves in the last minutes of extra time?
Are they unaware of the unfolding drama - of who is
really on trial here?
Bruce Reyburn
1 April 1996
-----O-----
Abridged from article in Weekend Australian March 30-31,
by High Court correspondent Bernard Lane, entitled 'State
to seek court ruling on native title.'
Queensland will ask the High Court next month to clarify
the effect of pastoral leases on native title.
The State Government filed papers this week seeking to
remove the Wik case from the Federal Court, the High
Court registry said yesterday.
....
Neither the 1992 Mabo judgement, nor the federal Native
Title Act, made clear the effect of the grant of pastoral
leases on native title.
Last month , the High Court held by a 6-1 majority that
it could not resolve the question in the Waanyi case....
In a dissenting judgement, Justice Michael Kirby said the
question was a "Damociean sword" hanging over the Act.
The new government is under pressure to have the question
resolved.
Lawyers have identified Wik as the obvious case for the
High Court to determine the question...
However, the relation between native title and pastoral
leases may have to be determined case-by-case, depending
on the content of the title and the tenure history.
A lawyer for a native title claimant says demands by
industry and government for swift judicial resolution of
the question pre-supposes it will be decided in their
favour - in the same way, they assumed Murray Islanders
would fail to establish native title in the Mabo case.
In January, Justice Drummond held that any Wik native
title had not survived the issue of pastoral and mining
leases. Last November, The Full Bench of the Federal
Court confirmed in the Waanyi case that a pastoral lease
has extinguished native title.
....
(ends)