Wik decision
E396109
The Wik decision was a landmark 1996 High Court of Australia ruling that found native title rights could coexist with pastoral leases, significantly reshaping land rights law and Indigenous relations in Australia.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Wik decision canonical | 1 |
Statements (43)
| Predicate | Object |
|---|---|
| instanceOf |
High Court of Australia decision
ⓘ
landmark court ruling ⓘ |
| affectedGroup | Aboriginal and Torres Strait Islander peoples ⓘ |
| affectedSector | pastoral industry in Australia ⓘ |
| alsoKnownAs |
Wik Peoples v Queensland
ⓘ
Wik case ⓘ |
| country | Australia ⓘ |
| court | High Court of Australia ⓘ |
| courtComposition | High Court full bench ⓘ |
| dateDecided | 1996-12-23 ⓘ |
| heldThat |
grant of a pastoral lease does not necessarily extinguish all native title rights
ⓘ
native title rights can coexist with pastoral leases ⓘ the effect of a pastoral lease on native title depends on the terms of the lease and relevant legislation ⓘ |
| impact |
affected negotiations between Indigenous groups and pastoralists
ⓘ
influenced recognition of Indigenous rights over large areas of pastoral land in Australia ⓘ prompted amendments to the Native Title Act 1993 ⓘ |
| jurisdiction | Queensland ⓘ |
| language | English ⓘ |
| legalArea |
Australian constitutional law
ⓘ
native title law ⓘ property law ⓘ |
| legalCitationJurisdiction | Australia ⓘ |
| legalSystem | common law ⓘ |
| locationOfCourt | Canberra ⓘ |
| mediaCoverage | extensive national debate in Australia ⓘ |
| parties |
Queensland Government
ⓘ
Wik peoples ⓘ |
| politicalResponse | led to the Howard Government’s ‘10-point plan’ on native title ⓘ |
| precedentFor | later native title cases in Australia ⓘ |
| relatedCase | Mabo v Queensland (No 2) ⓘ |
| relatedConcept |
coexistence of land interests
ⓘ
native title ⓘ pastoral lease ⓘ |
| relatedLegislation |
Native Title Act 1993 (Cth)
ⓘ
surface form:
Native Title Act 1993
|
| significance |
clarified relationship between native title and pastoral leases
ⓘ
had major implications for Indigenous land rights in Australia ⓘ influenced subsequent native title legislation and policy ⓘ reshaped Australian land rights law ⓘ triggered intense political and public debate about native title ⓘ |
| subjectMatter |
existence and extent of native title on pastoral lease land
ⓘ
interaction between statutory land grants and native title ⓘ |
| timePeriodConcerned | post-colonial land tenure in Australia ⓘ |
| yearDecided | 1996 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.