Where native title was only partially extinguished, native title rights that best survived the inconsistency of incidents test were those which were expressed at a
high level of
specificity; 13 were limited to the conduct of activities on the land
rather than the control of activities on the land; 14 and confined those activities to traditional activities
rather than contemporary activities.
As I explain in chapter 2 [93] the characterisation of native title rights that best survive once all other interests are given full enjoyment are ones which are expressed at a
high level of
specificity; [94] are limited to the conduct of activities on the land
rather than the control of activities on the land; [95] and confine those activities to traditional
rather than contemporary ones.