Appendix B: Australian Native Title
There are two issues to consider, one under common law and the other under statute:
1 Common law. Under Mabo v Queensland the High Court held that native title endures if there is a continuing connection with the land and unless displaced or extinguished in a way consistent with Commonwealth law — that is, freehold title. The Wik decision went further and confirmed that native title persists over pastoral leases as the intention was not to extinguish title.
2 Statute. The Racial Discrimination Act 1975 requires compensation to traditional owners if the land was taken from them after 1975. The Native Title Act 1993 established the framework for resolution of native title claims, including the establishment ...