Wik Peoples v Queensland & Ors- Thayorre People v Queensland

The High Court of Australia heard appeals in *The Wik Peoples v Queensland* and *The Thayorre People v Queensland*, which concerned the extinguishment of native title rights by the grant of pastoral leases over land in Queensland. The Wik and Thayorre peoples claimed that their native title rights and interests had not been extinguished by the grant of these leases, arguing that native title could coexist with the rights granted under the leases. The State of Queensland and the pastoral leaseholders contended that the grant of the leases had extinguished native title entirely.

The central legal issue before the Court was whether the grant of a pastoral lease under Queensland legislation extinguished native title rights and interests in the land. Specifically, the Court had to determine the nature and extent of the rights conferred by a pastoral lease and whether those rights were so inconsistent with the continued existence of native title that extinguishment was inevitable. The Court also considered the implications of the *Mabo* decision, which recognised native title, for the interpretation of subsequent legislation and grants.

The majority of the High Court held that the grant of a pastoral lease did not necessarily extinguish all native title rights. They reasoned that the rights granted under a pastoral lease were primarily for the purpose of grazing stock and did not confer exclusive possession of the land. Therefore, native title rights, such as the right to hunt, fish, and gather, could coexist with the rights of the pastoral lessee, provided they did not substantially interfere with the exercise of the pastoral rights. However, where the exercise of native title rights was inconsistent with the rights of the pastoral lessee, the latter would prevail. The Court distinguished between different types of pastoral leases and the rights they conferred, noting that some leases might grant rights more akin to exclusive possession, which could lead to extinguishment.

The Court ultimately found that the specific pastoral leases in question did not extinguish the native title rights of the Wik and Thayorre peoples. The appeals were allowed in part, with declarations made regarding the coexistence of native title and pastoral leasehold rights.