North Ganalanja Aboriginal Corp & Anor v State of Qld

The applicants, North Ganalanja Aboriginal Corporation and the Aboriginal Traditional Owners of the Aurukun Mission, sought a declaration from the High Court of Australia that they held native title rights and interests in relation to certain land and waters in Queensland. The respondent was the State of Queensland. The dispute concerned the extinguishment of native title by the operation of the *Land Act 1962* (Qld) and the *Mining Act 1978* (Qld).

The central legal issue before the High Court was whether the grant of certain interests in the land under Queensland legislation, specifically pastoral leases and mining leases, had the effect of extinguishing native title. The applicants contended that their native title rights had not been extinguished and that they were entitled to recognition of those rights. The State argued that the legislative grants were inconsistent with the continued existence of native title and therefore operated to extinguish it.

The High Court, in a joint judgment, considered the nature of native title and the effect of legislative grants upon it. Their Honours applied the principles established in *Mabo v Queensland (No 2)*, which recognised that native title could exist where it had not been extinguished by the Crown. The Court held that the grants of pastoral leases and mining leases under the relevant Queensland legislation were indeed inconsistent with the continued existence of native title rights and interests, and therefore operated to extinguish native title over the areas covered by those grants. The Court reasoned that the rights conferred by these grants, such as the right to exclusive possession and the right to mine, were incompatible with the rights and interests asserted by the native title holders.

The High Court dismissed the application for a declaration, finding that native title had been extinguished by the legislative grants.