Attorney‑General for Western Australia v Marquet

The High Court of Australia considered an appeal by the Attorney-General for Western Australia against a decision of the Full Court of the Supreme Court of Western Australia. The dispute concerned the validity of certain provisions of the *Aboriginal Heritage Act 1972* (WA) and their application to land owned by Mr Marquet, a pastoralist. Mr Marquet sought to clear native title over his pastoral leasehold land, and the State of Western Australia sought to protect Aboriginal heritage sites on that land.

The central legal issue before the High Court was whether the *Aboriginal Heritage Act 1972* (WA) validly prohibited Mr Marquet from undertaking certain activities on his land, specifically the clearing of native title, without obtaining the consent of the Aboriginal Heritage Council. This raised questions about the scope of the State's legislative power to regulate activities on private land in the context of Aboriginal heritage protection and the potential impact of federal legislation, such as the *Native Title Act 1993* (Cth), on such State laws.

The High Court, by majority, held that the provisions of the *Aboriginal Heritage Act 1972* (WA) were valid and that Mr Marquet was prohibited from undertaking the proposed clearing without the consent of the Aboriginal Heritage Council. The majority reasoned that the State legislation was a valid exercise of the State's legislative power to protect Aboriginal heritage, and that it did not impermissibly intrude upon the exclusive legislative power of the Commonwealth Parliament concerning native title. The Court emphasised the importance of protecting Aboriginal heritage and found that the Act provided a legitimate mechanism for balancing the rights of landowners with the need for heritage preservation.

The appeal was allowed, and the orders of the Full Court of the Supreme Court of Western Australia were set aside.