Sentences with phrase «extent of the inconsistency»
The phrase "extent of the inconsistency" refers to how much something is contradictory or inconsistent. Full definition
Need further identification of native title rights to determine extent of inconsistency with lease right to exclusive possession for mining purpose
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Note: Under section 109 of the Constitution, any State laws that are inconsistent with the Basin Plan will be of no effect to the extent of the inconsistency.
Is it not trite, argues the Presidency, that any law inconsistent with the Constitution is void, to the extent of that inconsistency?
State law requirements that are inconsistent with the requirements of the act and this part are preempted to the extent of the inconsistency.
As a matter of both EU and domestic law, the Court considered there to be no imperative to treat the whole scheme as invalid, rather than to invalidate it to the extent of the inconsistency.
To do so would be to disregard totally s. 52 of the Constitution Act, 1982 which provides that any law which is inconsistent with the Constitution is of no force or effect to the extent of the inconsistency and the courts are duty bound to make that pronouncement, not to delegate the avoidance of a violation to the prosecution or to anyone else for that matter.»
The constitutional supremacy provision, Section 52 (1) of the Constitution Act, 1982, states that «any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.»
The grant of a non-exclusive lease has the effect of extinguishing native title to the extent of the inconsistency.
The confirmation provisions prescribe the effect of a «previous exclusive possession act» is to extinguish native title completely and the effect of a previous non-exclusive possession act is to extinguish native title to the extent of any inconsistency.
If they are inconsistent, there will be extinguishment to the extent of the inconsistency; if they are not there will not be extinguishment.
Non-extinguishment is also defined in s238 as the continued existence of native title even though, where the act affects native title, the rights and interests have no effect either wholly or to the extent of the inconsistency.
The High Court's approach to extinguishment has been directed by the distinction, contained in the NTA, between complete extinguishment of all native title rights and interests and partial inconsistency in which native title is extinguished to the extent of any inconsistency.
That is because inconsistency between the RDA and NTA results in an implied repeal of the RDA to the extent of the inconsistency.
Bearing in mind that the State goes to great lengths to ensure that all extant interests are listed in schedules to all determinations and that those interests will prevail over the native title interests to the extent of any inconsistency, it is arguable there is no real need for current holders [of those interests] to actively participate.
The NTA also displaces, to the extent of any inconsistency, the only explicit protection against the discriminatory exercise of sovereign power against the Indigenous inhabitants, the Racial Discrimination Act 1975 (Commonwealth)(RDA).