State of Queensland v Congoo and Ors

The High Court of Australia considered the appeal by the State of Queensland against a decision of the Full Federal Court concerning native title. The dispute arose from the State's objection to the determination of native title over an area of land and waters in Queensland, which had been recommended by the National Native Title Tribunal. The core of the disagreement lay in the State's assertion that the native title claim extinguished any pre-existing native title rights and interests.

The central legal issue before the High Court was whether the grant of a pastoral lease by the State of Queensland extinguished the native title rights and interests of the respondents, the Congoo people, over the claimed area. Specifically, the Court had to determine the legal effect of the grant of the pastoral lease under the *Native Title Act 1993* (Cth) and whether it constituted an act that extinguished native title, thereby preventing its subsequent recognition.

The High Court, by majority, held that the grant of the pastoral lease did not extinguish the native title rights and interests of the Congoo people. The Court reasoned that the *Native Title Act* provides for the extinguishment of native title only by specific, enumerated acts. It found that the grant of a pastoral lease, while conferring rights on the lessee, did not necessarily extinguish all native title rights and interests, particularly those that could coexist with the rights granted under the lease. The Court applied the principles of statutory interpretation to the *Native Title Act*, emphasising that extinguishment must be clearly and unequivocally demonstrated by the terms of the legislation. The appeal was dismissed.