Do mining leases extinguish native title

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August undefined, 2024

WebA mining lease is not necessarily inconsistent with all native title but may have a partially extinguishing effect. The majority did not consider that they could determine the native … WebMany mining tenements and other titles granted by State or Territory governments over existing or former pastoral lease land since 1 January 1994, on the assumption native title had been extinguished by those leases, are now potentially invalid following Wik if native title is proven to exist. The NTA expressly provides that these tenements ...

In brief: mining rights and title in USA - Lexology

WebThe parties to this matter in the High Court had already reached agreement that, unless extinguished by the leases, the Ngarla People hold native title to the land over which the leases were granted. Therefore, the High Court only had to consider whether the grant of the mineral leases extinguish those native title WebMar 13, 2014 · MINING leases do not extinguish native title rights and can result in rights to camp, visit sacred sites, hunt and fish being suspended only for the life of a mine, the High Court ruled in a major decision yesterday. florida stone crab hudson fl

How is Native Title Addressed When a Mining Lease is Granted

WebThe Keating and Howard Governments both took the position that valid pastoral leases did extinguish native title, but that any uncertainty was to be resolved by the High Court, not the Parliament. ... Validated leases in category C (mining leases and other mining titles) do not extinguish native title, but the native title rights have no effect ... Webthe mere grant of a pastoral lease does not necessarily extinguish any remaining native title rights if there is any inconsistency between the rights of the native title holders and the rights of the pastoralist, the rights of the native title holders must yield. So if there is a conflict of rights, the native title holders come off second best. http://www5.austlii.edu.au/au/journals/UNSWLawJl/1997/10.html florida stickers on temple helmets

Native title for mining and resources Business Queensland

How is native title addressed when a mining lease is …

WebJul 7, 2024 · Native title can be extinguished by the granting of freehold land, the issuing of Crown leases and the construction or establishment of public works. Native Title cannot take away anyone else’s valid rights, including owning a home, holding a pastoral lease or having a mining lease. Do mining leases extinguish native title? WebThe granting of a mining lease is a future act. A Future Act is an act done after 1 January 1994 which affects native title. Activity or development on land can be a future act if it has the potential to affect native title by extinguishing it or by creating an interest that is inconsistent with the existence or exercise of native title. According to Australian law, … great white snatches tunahttp://kirra.austlii.edu.au/au/journals/AILR/2006/27.txt/cgi-bin/download.cgi/download/au/journals/AILR/2006/27.pdf florida st football uniforms

"WebThe primary judge held that while the mineral leases did not confer the right of exclusive possession upon the joint venturers6 so as to wholly extinguish native title rights and … " - Do mining leases extinguish native title

Do mining leases extinguish native title

High Court rules that mining leases do not necessarily extinguish ...

WebMar 15, 2014 · A mining or other specific purpose lease granted pre-1975 will only have extinguished native title rights and interests where the lease itself, as at the date it was granted, clearly conferred on the lessee rights that were inconsistent with the continued existence of native title. So said the High Court in its decision this m WebMay 27, 2024 · Mining rights and title. State control over mining rights. ... Mining rights are commonly granted by lease for a finite term (eg, five years, 10 years), subject to renewal …

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Web296 Comments (2002) 21 AMPLJ Federal Court's decision in WA v Ward12) that because a fenced and/or improved pastoral lease had extinguished native title, an exploration or mining title could be granted within that pastoral lease without following the procedures of theNative Title Act 1993 (“NTA”).13 Such a title is now exposed to a claim of invalidity if … WebMar 12, 2014 · A mining or other specific purpose lease granted pre-1975 will only have extinguished native title rights and interests where the lease itself, as at the date it was …

WebStudy EXTINGUISHMENT OF NATIVE TITLE flashcards from Joey Gan's University of Queensland class online, or in Brainscape's iPhone or Android app. Learn faster with spaced repetition. WebMar 14, 2014 · Native title still exists over mining leases under State Agreement - High Court Brown Decision. The much awaited High Court native title decision in the State of WA v Alexander Brown & Ors (Brown Decision) was handed down on 12 March 2014. 1 The High Court unanimously held that 2 mineral leases granted in 1966 and 1974 under …

WebSome mining or petroleum resource authorities are not considered a right to mine and fall within other future act provisions of the NTA. For example, a water monitoring authority … WebNative title is the name Australian law gives to the traditional rights and interests that indigenous groups have practised, and continue to practise, over land and water. Native …

WebApr 23, 2024 · At the very least, the case establishes that native title rights and interests will survive any historic extinguishment by mining leases in circumstances where the native title claimants occupy vacant Crown land. The case is the second native title …

WebMar 27, 2014 · The High Court of Australia has unanimously held that the grant of a mineral lease in the 1960s does not extinguish native title rights and interests, but rather suspends native title until the lease ends. ... (such as pastoral leases or mining leases), if not accompanied by a right of exclusive possession, is not necessarily inconsistent with ... great white snake narutoWebDefinition of mining lease. A legal contract for the right to work a mine and extract the mineral or other valuable deposits from it under prescribed conditions of time, price, … great whites off cape codWebBecause it was previously believed that the granting of pastoral leases extinguished native title, some acts which took place on native title land between 1 January 1994 when the NTA came into force and 23 December 1996 when … florida still without powerWebMar 27, 2014 · The High Court of Australia has unanimously held that the grant of a mineral lease in the 1960s does not extinguish native title rights and interests, but rather … florida stick marsh location florida stolen items in plain view inside carWebThe Court held that grants of pastoral and mining leases in Western Australia, and in the Northern Territory, do not necessarily extinguish all incidents of native title. However, native title rights and interests are extinguished to the extent of the inconsistency with the rights conferred by such titles. great whites new zealandWebMar 13, 2014 · MINING leases do not extinguish native title rights and can result in rights to camp, visit sacred sites, hunt and fish being suspended only for the life of a mine, the … great white smoke