History
In 1996, the High Court’s decision in Wik Peoples v Queensland was handed down. The case dealt with the question of whether pastoral leases granted between 1910 and 1974 in Far North Queensland had the effect of extinguishing native title. A 4:3 majority of the judges decided that the grant of a pastoral lease did not confer exclusive possession, and that native title could therefore continue to exist – this has been called “coexistence”. Where an inconsistency between the native title and non-native title rights occurs, the non-native title rights prevail.
The NTA had not adequately dealt with the possibilities of native title existing over pastoral leases or of native title rights co-existing with other rights. Since the NTA had come into effect, governments had been taking action on pastoral leases that did not comply with the NTA. Wik raised the possibility that those acts could be invalid and showed that the ‘freehold test’ (the principle used to determine where proposed activities could be done without regard to native title) in relation to future acts was inappropriate. The Federal Government developed the Ten Point Plan, which became the basis for the amendments, to deal with these inadequacies of the NTA.
Read more about this topic: Native Title Amendment Act 1998
Famous quotes containing the word history:
“The history of progress is written in the blood of men and women who have dared to espouse an unpopular cause, as, for instance, the black man’s right to his body, or woman’s right to her soul.”
—Emma Goldman (1869–1940)
“One classic American landscape haunts all of American literature. It is a picture of Eden, perceived at the instant of history when corruption has just begun to set in. The serpent has shown his scaly head in the undergrowth. The apple gleams on the tree. The old drama of the Fall is ready to start all over again.”
—Jonathan Raban (b. 1942)
“To history therefore I must refer for answer, in which it would be an unhappy passage indeed, which should shew by what fatal indulgence of subordinate views and passions, a contest for an atom had defeated well founded prospects of giving liberty to half the globe.”
—Thomas Jefferson (1743–1826)