Wik Peoples v State of Qld & Ors- Thayorre People v State of Qld

The High Court of Australia heard appeals in *Wik Peoples v State of Qld* and *Thayorre People v State of Qld*. The central dispute concerned the extinguishment of native title rights and interests by the grant of pastoral leases under Queensland legislation. The Wik Peoples and Thayorre People claimed that their native title rights had not been extinguished by these leases and sought declarations to that effect.

The primary legal issue before the Court was whether the grant of a pastoral lease under the *Land Act 1962* (Qld) necessarily extinguished native title rights and interests in the land subject to the lease. This involved determining the nature and scope of the rights conferred by a pastoral lease and their relationship with the rights and interests asserted by the Indigenous claimants under native title. The Court also considered the interpretation of the *Native Title Act 1993* (Cth) and its provisions relating to the extinguishment of native title.

The majority of the High Court held that the grant of a pastoral lease did not automatically extinguish native title. Instead, the Court reasoned that the rights conferred by a pastoral lease, such as the right to graze stock, could co-exist with native title rights, provided that the exercise of native title rights did not substantially interfere with the rights granted under the lease. Where there was an inconsistency, the rights under the lease would prevail to the extent of that inconsistency. The Court emphasised that extinguishment would only occur if the rights granted by the lease were so extensive as to be irreconcilable with the continued existence of native title.

The Court ordered that the appeals be allowed in part and remitted the matters to the Federal Court for determination of the specific native title rights and interests claimed and the extent to which they were affected by the pastoral leases.