Wotton v State of Queensland & Anor

The High Court of Australia considered the appeal of Mr Wotton against the State of Queensland and the Attorney-General of Queensland. The dispute concerned the validity of certain amendments made to the *Land Title Act 1994* (Qld) and the *Native Title Act 1993* (Cth) which, Mr Wotton contended, unlawfully extinguished native title rights and interests in relation to certain land.

The central legal issue before the High Court was whether the amendments to the *Land Title Act* and the *Native Title Act* effected an extinguishment of native title rights and interests in a manner that was constitutionally invalid. Specifically, the Court had to determine if the legislative amendments constituted an acquisition of property otherwise than on just terms, contrary to section 51(xxxi) of the *Commonwealth Constitution*.

The High Court, by majority, held that the amendments did not constitute an acquisition of property for the purposes of section 51(xxxi) of the *Commonwealth Constitution*. The Court reasoned that the extinguishment of native title rights and interests by the legislation did not involve the acquisition of property by the Crown or any other entity. Instead, the legislation operated to extinguish those rights and interests, thereby removing them from existence, rather than acquiring them for the benefit of the state. The Court applied the principle that legislative extinguishment of native title, without compensation, is not an acquisition of property in the constitutional sense.

The appeal was dismissed.