Yanner v The Queen

In *Yanner v The Queen*, the High Court of Australia considered an appeal by Mr Yanner against his conviction for taking crocodiles and their skins without a permit, contrary to the *Fauna Conservation Act 1974* (Qld). The central dispute concerned whether Mr Yanner’s native title rights, recognised under the *Native Title Act 1993* (Cth), extinguished the State’s proprietary interest in the fauna, thereby negating the need for a permit under the State legislation. The case was heard by Gleeson CJ and McHugh J.

The primary legal issue before the High Court was whether the common law concept of native title, as recognised in *Mabo v Queensland (No 2)*, was inconsistent with the proprietary rights asserted by the Crown over fauna in Queensland. Specifically, the Court had to determine if the Crown’s assertion of a right to regulate and control the taking of fauna, through legislation like the *Fauna Conservation Act 1974*, was incompatible with the continued existence of native title rights over that fauna. This involved an examination of the nature of the Crown’s interest in fauna and the scope of native title rights.

The Court reasoned that the Crown’s assertion of a proprietary interest in fauna was not absolute but rather a right to control and regulate its exploitation. This regulatory power, the Court held, was not necessarily extinguished by the recognition of native title rights. Native title, while a proprietary right, was subject to the overarching sovereignty of the Crown and its legislative powers. The Court found that the *Fauna Conservation Act 1974* did not extinguish native title rights in fauna, but rather regulated the exercise of those rights. Therefore, Mr Yanner’s native title did not exempt him from the permit requirements of the State legislation.

The High Court dismissed the appeal, upholding Mr Yanner’s conviction.