State of WA v Ward

The case of *State of WA v Ward* concerned a dispute between the State of Western Australia and Mr. Ward regarding the validity of certain land grants. The matter came before Toohey J of the High Court of Australia.

The central legal issue before the Court was whether the native title rights and interests claimed by Mr. Ward and his group had been extinguished by the grant of pastoral leases by the State of Western Australia. Specifically, the Court had to determine the nature and effect of the extinguishment of native title by the grant of these leases under the *Native Title Act 1993* (Cth).

Toohey J reasoned that the grant of a pastoral lease did not necessarily extinguish all native title rights and interests. His Honour applied the principle that extinguishment of native title would only occur to the extent that the rights conferred by the lease were inconsistent with the continued existence of native title. In this instance, the Court found that the pastoral leases granted rights to graze stock, which were not necessarily inconsistent with the continued existence of native title rights, such as the right to hunt and gather. Therefore, native title was not wholly extinguished, but rather, the rights conferred by the pastoral leases prevailed over any inconsistent native title rights.

The Court ultimately held that native title had not been extinguished by the grant of the pastoral leases.