Do mining leases extinguish native title
WebMar 13, 2014 · MINING leases do not extinguish native title rights and can result in rights to camp, visit sacred sites, hunt and fish being suspended only for the life of a mine, the High Court ruled in a major decision yesterday. WebWhile the court ruled that mining leases do not necessarily extinguish native title, all Indigenous rights over minerals or petroleum have been denied. Furthermore, the High Court specifically ruled that native title has been fully extinguished over the site of Rio Tinto's Argyle Diamond Mine.
Do mining leases extinguish native title
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WebA mining lease attracts the right to negotiate process under the Native Title Act 1993 (S31) The applicants for a mining lease must negotiate in good faith, with a view to obtaining … WebThe Court held that grants of pastoral and mining leases in Western Australia, and in the Northern Territory, do not necessarily extinguish all incidents of native title. However, native title rights and interests are extinguished to the extent of the inconsistency with the rights conferred by such titles.
Webinvolved the native title holders’ presence on the lease area, would have been extinguished or suspended by the grant of the lease. The Court held that even if the lease did confer … Weband the relevant statutory regime, pastoral lease or mining lease will extinguish them. In consequence, various separate and distinct rights can be struck down, like sticks …
WebMar 14, 2014 · Native title still exists over mining leases under State Agreement - High Court Brown Decision. The much awaited High Court native title decision in the State of WA v Alexander Brown & Ors (Brown Decision) was handed down on 12 March 2014. 1 The High Court unanimously held that 2 mineral leases granted in 1966 and 1974 under … WebNative title is the name Australian law gives to the traditional rights and interests that indigenous groups have practised, and continue to practise, over land and water. Native …
WebMar 27, 2014 · The High Court of Australia has unanimously held that the grant of a mineral lease in the 1960s does not extinguish native title rights and interests, but rather …
Web296 Comments (2002) 21 AMPLJ Federal Court's decision in WA v Ward12) that because a fenced and/or improved pastoral lease had extinguished native title, an exploration or mining title could be granted within that pastoral lease without following the procedures of theNative Title Act 1993 (“NTA”).13 Such a title is now exposed to a claim of invalidity if … human rights harassment canadahttp://www5.austlii.edu.au/au/journals/UNSWLawJl/1997/10.html hollister superior courtWebStudy EXTINGUISHMENT OF NATIVE TITLE flashcards from Joey Gan's University of Queensland class online, or in Brainscape's iPhone or Android app. Learn faster with spaced repetition. human rights guidanceWebThe granting of a mining lease is a future act. A Future Act is an act done after 1 January 1994 which affects native title. Activity or development on land can be a future act if it has the potential to affect native title by extinguishing it or by creating an interest that is inconsistent with the existence or exercise of native title. According to Australian law, … human rights guaranteeWebMar 12, 2014 · A mining or other specific purpose lease granted pre-1975 will only have extinguished native title rights and interests where the lease itself, as at the date it … human rights groups australiaWebMany mining tenements and other titles granted by State or Territory governments over existing or former pastoral lease land since 1 January 1994, on the assumption native title had been extinguished by those leases, are now potentially invalid following Wik if native title is proven to exist. The NTA expressly provides that these tenements ... human rights harassmentWebMar 15, 2014 · A mining or other specific purpose lease granted pre-1975 will only have extinguished native title rights and interests where the lease itself, as at the date it was … human rights guatemala