State of Queensland v Congoo and Ors

The High Court of Australia heard an appeal from the Supreme Court of Queensland in a dispute between the State of Queensland and Congoo and Ors. The proceedings concerned the interpretation and application of the *Native Title Act 1993* (Cth) and the *Land Title Act 1994* (Qld) in relation to certain land.

The central legal issue before the High Court was whether the registration of a particular lease on the relevant land extinguished native title rights and interests. This involved determining the effect of the registration of the lease under Queensland legislation on the existence and recognition of native title under federal law.

The Court reasoned that the registration of the lease under the *Land Title Act 1994* (Qld) constituted an act that was inconsistent with the continued existence of native title rights and interests. Applying the principles established in *Mabo (No 2)* and subsequent native title jurisprudence, the Court held that such an inconsistency necessarily resulted in the extinguishment of native title. The statutory scheme for the registration of interests in land under Queensland law was found to create rights that were irreconcilable with the rights inherent in native title.

The High Court allowed the appeal, finding that the native title rights and interests had been extinguished by the registration of the lease.