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 & Ors* 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) operated to extinguish native title rights and interests in the land subject to the lease. This involved an examination of the nature and scope of native title, the nature of the rights conferred by a pastoral lease, and the principles of extinguishment of native title at common law. The Court also considered whether the legislative provisions governing pastoral leases evinced an intention to extinguish native title.

The majority of the High Court held that the grant of a pastoral lease did not necessarily extinguish native title. They reasoned that native title could co-exist with the rights granted under a pastoral lease, provided that the exercise of those native title rights did not substantially interfere with the rights of the pastoral lessee. The Court distinguished between extinguishment and suspension of native title, finding that while some native title rights might be suspended by the exercise of pastoral lease rights, they were not extinguished unless the legislative grant clearly and unambiguously evinced an intention to do so. The common law principles of extinguishment, requiring a clear and plain intention, were applied.

The Court ultimately held that the pastoral leases in question did not extinguish the native title rights and interests of the Wik and Thayorre Peoples. The appeals were allowed in part, with declarations made that native title had not been extinguished by the grant of the pastoral leases, but acknowledging that the exercise of rights under the leases might affect the exercise of native title rights.