Sentences with phrase «extinguished by the creation»

The decisions in Miriuwung Gajerrong and Wilson v Anderson [9] have established the common law tests for extinguishment and the ease with which native title rights and interests can be permanently extinguished by the creation of other interests on traditional land.

Then there is the real possibility that after all this the legal tests will be too difficult to satisfy and some or all of the native title rights claimed will have been extinguished by the creation of non-Indigenous interests.

If native title is constructed as a weak title at common law it will be extinguished by the creation of non-Indigenous interests and the culture that is sustained by that land will end.

Not exact matches

Even if native title claimants» relationship to their land withstands the «continuous connection'test for recognition, the court will, as a matter of law, determine whether the title has been extinguished in any case by the creation of non-Indigenous interests (whether current or expired) over the same land.141

Thus they have capacity to control whether, or the extent to which, native title is extinguished or impaired by the creation of these specified tenures.

However, it is as yet undecided by the High Court whether the creation of non-Indigenous interests over native title lands is capable of «suspending», rather than «extinguishing» native title interests.

The NTA offers little further protection than that provided by the common law to Aboriginal people whose interests have been affected, either impaired or extinguished by the statutory or executive creation of non-Indigenous interests prior to 1975.

It is the effect, or implication of the creation of interests by the Crown on native title rather than the actual intention of the Crown in the creation of these interests that extinguishes native title.

Subsection 11 (1) of the Act prohibits extinguishment that is contrary to the NTA, however if native title is extinguished at common law by the creation of non-Indigenous rights, then in most instances, 144 it will not be revived by the NTA.

Rather than fully implement the extinguishing regime permitted by the NTA, it limited the effect of complete extinguishment from the creation of leases and scheduled interests identified in the confirmation provisions (excluding freehold) to those tenures still in force on 23 December 1996.

While the creation of a mining lease extinguishes the right of Indigenous people to utilise their resources on that land, a pastoral lease on the same land at a later time will further erode native title by extinguishing the right of Indigenous people to exclude others from the land.