State of New South Wales & Ors v Commonwealth of Australia

The High Court of Australia heard a dispute between the State of New South Wales and other States (the applicants) and the Commonwealth of Australia (the respondent). The core of the disagreement concerned the validity of certain provisions of the *Native Title Act 1993* (Cth) and their application to the extinguishment of native title rights. Specifically, the applicants challenged the Commonwealth's power to enact legislation that, in their view, purported to extinguish native title rights in a manner inconsistent with the Australian Constitution.

The central legal question before the Court was whether the *Native Title Act 1993* (Cth), particularly sections 237 and 238, and the associated regulations, validly extinguished native title rights over certain areas of land. This involved an examination of the constitutional division of powers between the Commonwealth and the States, and the extent to which the Commonwealth could legislate with respect to native title, including its extinguishment, under its external affairs power and its power to make laws with respect to the people of any race for whom it is deemed necessary to make special laws. The applicants contended that the Commonwealth's legislative actions encroached upon the residual legislative powers of the States.

The Court ultimately held that the provisions of the *Native Title Act 1993* (Cth) in question were constitutionally valid. The majority reasoned that the Commonwealth's legislative power under section 51(xxvi) of the Constitution, concerning the people of any race, was sufficiently broad to encompass laws dealing with native title. Furthermore, the Court found that the external affairs power, section 51(29), supported the validity of the Act, as it gave effect to international obligations concerning Indigenous rights. The Court rejected the argument that the Act impermissibly infringed upon State powers, finding that the Commonwealth had acted within its constitutional authority in enacting legislation to protect and regulate native title.