Not exact matches
Primary production upgrade provisions; The justification for the amendments that permit
pastoral leaseholders to carry out a range of activities (in addition to those authorised by their
lease) without negotiating with native title
holders whose rights might be affected by these additional activities (28) is that the provisions strike a reasonable balance between the competing rights of native title
holders and
pastoral lessees.
Where the construction of public facilities (44) occurs on land covered by a non-exclusive agricultural or non-exclusive
pastoral lease, the procedural rights of native title
holders are the same as those of the lessee.
Kennedy [154] was a non-claimant application by the
holder of a
pastoral lease near Winton in Queensland that native title does not exist over the property.
The extent of the inconsistency between the native title right to speak for country and rights under a
pastoral lease may allow some residual decision - making powers in native title
holders to remain, such as those suggested by Justice Kirby in Miriuwung Gajerrong including the right to protect the country from degradation and to care for it spiritually.
Generally speaking, full native title rights resembling something like freehold ownership will only be available over some vacant crown land, certain Aboriginal reserves and some
pastoral leases held by native title
holders.
to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural
lease or a non-exclusive
pastoral lease - whether; the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title
holders to the exclusion of all others.
(e) to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural
lease or a non-exclusive
pastoral lease — whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title
holders to the exclusion of all others.»
to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural
lease or a non-exclusive
pastoral lease — whether the native title rights and interests confer or conferred possession, occupation, use and enjoyment of the land or waters on its
holders to the exclusion of all others.
the conversion of
pastoral lease terms to permit expanded categories of land use without negotiation with native title
holders.
The Comalco, or Western Cape Communities Co-existence Agreement, signed in 2001, has resulted in 2003 in Comalco's divestment of the Sudley
pastoral lease to the native title
holders.