Northern Territory of Australia v Fejo and Ors

The High Court of Australia considered the dispute between the Northern Territory of Australia and the respondents, who were Aboriginal people claiming native title over certain lands. The core of the contention lay in the extinguishment of native title rights by the granting of pastoral leases over the claimed area.

The High Court was required to determine whether the grant of pastoral leases under Northern Territory legislation extinguished the native title rights and interests of the respondents. Specifically, the Court had to consider the nature of the rights conferred by the pastoral leases and whether these rights were inconsistent with the continued existence of native title.

The Court reasoned that the grant of a pastoral lease, which conferred a right to exclusive possession of the land, necessarily extinguished native title rights and interests that were inconsistent with that exclusive possession. Applying the principles established in *Mabo v Queensland (No 2)* and subsequent cases, the Court found that the rights granted under the pastoral leases were indeed inconsistent with the continued exercise of native title rights, thereby leading to extinguishment. The Court noted that the legislative framework governing pastoral leases in the Northern Territory contemplated the exclusion of all other interests in the land.

The High Court allowed the appeal, finding that the native title had been extinguished by the grant of the pastoral leases.