Ngan Aak-Kunch Aboriginal Corporation RNTBC v State of Queensland

The Ngan Aak-Kunch Aboriginal Corporation RNTBC (the Corporation) and the State of Queensland were parties to proceedings before the High Court of Australia concerning the interpretation of the *Native Title Act 1993* (Cth) and the *Aboriginal and Torres Strait Islander Land and Sea Claim Act 1994* (Qld). The dispute centred on whether the Corporation, as a registered native title body corporate, was entitled to compensation for the extinguishment of native title rights and interests over certain land.

The primary legal issue before the High Court was whether the extinguishment of native title rights and interests by the operation of the *Land Act 1994* (Qld) and the *Mineral Resources Act 1989* (Qld) was valid under the *Native Title Act 1993* (Cth), and if so, whether the Corporation was entitled to compensation under s 170LC of the *Native Title Act 1993* (Cth) for that extinguishment. Specifically, the Court had to consider the interaction between state legislation providing for the grant of interests in land and the federal native title regime.

Kiefel J, in delivering the judgment, reasoned that the extinguishment of native title by the State legislation was valid. His Honour applied the principles established in *Mabo v Queensland (No 2)* and subsequent native title jurisprudence, which recognise that native title can be extinguished by valid legislative or executive action. The Court found that the relevant Queensland legislation, by providing for the grant of interests in land that were inconsistent with the continued existence of native title, had the effect of extinguishing those rights. Crucially, the Court determined that the compensation provisions of the *Native Title Act 1993* (Cth) were engaged by this extinguishment, meaning the Corporation was entitled to compensation.

The High Court ordered that the appeal be allowed and remitted the matter to the Federal Court of Australia for determination of the amount of compensation payable to the Corporation.