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Wik & Co-Existence
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In 1996, the Wik and Thayorre people of Queensland claimed native title over land that was also covered by pastoral leases. Asserting that native title could co-exist with the interests of the pastoral leaseholders, they took their case against the Queensland Government to the High Court.

This was the first test of native title across a large area of mainland Australia and the Court considered whether native title was extinguished by the granting of a pastoral lease.

It ruled that both could co-exist, although the rights of pastoralists would prevail in the event of inconsistency with rights under native title.

Indigenous peoples were gracious in accepting an outcome which made their land rights even more vulnerable. Although the outcome entrenched the vulnerability of native title rights.

Reasoned discussion on co-existence did not follow as opposition to native title was re-ignited.
Wik people may outdo Mabo claim
Newspaper
Jul, 30, 1993
coexistence, extinguishment, farming, native title, native title claim, pastoralism, Queensland, Wik
Crown Land
Topic
 
colonisation, doctrine of tenure, indigenous Australians, International law, native title, New South Wales, sovereignty, terra nullius
Legislation In Australia After Mabo
Topic
1990s
indigenous people, land rights, Mabo Case, Mabo judgement, mining, native title, Native Title Act (1993), pastoralism, political reaction
Co-existence and the test of inconsistency
Text
1993
Brennan, Justice Gerard, High Court of Australia, Mabo v Queensland No.2, native title claim, pastoral lease, Wik & Co-Existence
The tenure history in the Wik case
Text
1993
native title claim, pastoral lease, Thayorre people, Wik, Wik & Co-Existence
...drive native title holders from their traditional lands...
Image and Text
1996
Gaudron, Justice Mary, pastoral lease, pastoralism, recognition, Wik, Wik & Co-Existence
Judicial Independence
Text
1996-1997
Brennan, Justice Gerard, Canberra, High Court of Australia, Wik, Wik & Co-Existence
The '10 Point Plan'
Topic
1996
10 point plan, backlash, Canberra, extinguishment, High Court of Australia, Howard, John, Liberal - National Party coalition, Native Title Act (1993), Wik
Indigenous Working Group & Amendment Bill
Topic
1997
10 point plan, Australian Democrats, Australian Labor Party, backlash, coexistence, Howard, John, National Indigenous Working Group, Native Title Act (1993), Native Title Amendment Bill
The Native Title Amendment Bill
Topic
Jul, 7, 1998
10 point plan, backlash, native title, Native Title Amendment Bill, political reaction, sunset clause
Native Title Tribunal & Federal Court
Topic
Nov, 25, 1993
Federal Court of Australia, National Native Title Tribunal, native title, Native Title Act (1993)
Who Can Make An Application?
Topic
 
Federal Court of Australia, indigenous people, Mabo Case, Mabo judgement, Native Title Act (1993)
Native Title After The Murray Islands
Topic
1990s
aboriginal law, Mabo judgement, Native Title Act (1993), sovereignty
Pastoral Interest & Public Interest
Topic
1830-1848
coexistence, Grey, Earl, native title, New South Wales, pastoral industry, pastoral lease, Wik
What price native rights?
Newspaper
Jan, 20, 1997
Common Law, compensation, extinguishment, land tenure, National Native Title Tribunal, Native Title Act (1993), NSW Acquisition Act, Western Australia, Wik
Premiers push partial extinguishment
Newspaper
Jan, 22, 1997
backlash, Court, Richard, extinguishment, native title, Western Australia
Give blacks a living area: Mining Lobby
Newspaper
Jan, 22, 1997
AMEC (Assoc' of Mining & Exploration Co's), apartheid, backlash, Federal Government, Australia, industry, mining, native title, racism
One small step becomes giant leap
Newspaper
Jan, 22, 1997
Mabo, Edward Koiki, Queensland Government, Wik
Farm leader warns PM on Wik stand
Newspaper
Jan, 23, 1997
Cattleman's Union of Australia, National Farmer's Federation, native title claim, pastoral industry, Wik
Cape legal experts plays down talk of a crisis
Newspaper
Jan, 23, 1997
Cape York, Cape York Land Council, Fitzgerald, James, pastoral industry, pastoralism
Rural development crippled
Newspaper
Jan, 23, 1997
backlash, farming, mining, native title, pastoral industry
The hows, whys and what of Wik
Newspaper
Jan, 22, 1997
Cape York, native title claim, Thayorre people, Wik
First Ruling under Wik Opens the Gate
Newspaper
Sep, 29, 1998
Federal Court of Australia, Wik
Court Settles Native Title Deal on Pastoral Lease
Newspaper
Sep, 29, 1998
High Court judgement, mining, Native Title Act (1993), pastoral industry, pastoralism, Wik
Wik Judgement
Video
Dec, 23, 1996
Cape York Land Council, Wik
Legal Showdown for Native Title
Newspaper
Jun, 12, 1996
High Court of Australia, native title, Wik