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  Wikipedia: Wik Decision

Wikipedia: Wik Decision
Wik Decision
From Wikipedia, the free encyclopedia.

The Wik Decision is a decision of the High Court of Australia in December 1996, following a case brought by the Wik peoples of Cape York in North Queensland. It concerns only their right of access to the land held under pastoral leases (ie Crown land used - but not owned - by pastoralists for cattle grazing). The court decided (4 judges to 3) that indigenous people who can prove a connection to the land may have rights to hold ceremonies and perform other traditional activities - as long as they don't interfere with the pastoralists' legitimate activities.

In other words, pastoral leases do not automatically give exclusive possession to the pastoralist, and therefore do not necessarily extinguish native title. This had been a major assumption upon which the Commonwealth Native Title Act had first been drafted. The Wik Decision holds that native title might co-exist on pastoral leases, but the rights of pastoral leaseholders prevail over any inconsistent rights that native title holders might have.

Related Topics

External links

  • [1] High Court - Wik Peoples v Queensland (1996) 187 CLR 1 (Wik)

  

From Wikipedia, the free encyclopedia. 
Modified by Geona