Not exact matches
In particular, it considered what the correct interpretation of the Apportionment Act 1870,
ss 2 and 7 is and, if s 7 allows parties to
exclude the principle
under s 2, whether the parties did so in this case.
Following a voir dire, the trial judge agrees, applies White, and
excludes the Crown's evidence
under ss.
Under the NTA mining leases are
excluded from the categories of interests which extinguish native title: in relation to past acts
ss 13A, 228, 231, 15 (1)(d); in relation to future acts s 24MA.