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Do mining leases extinguish native title

http://kirra.austlii.edu.au/au/journals/AILR/2006/27.txt/cgi-bin/download.cgi/download/au/journals/AILR/2006/27.pdf WebThe High Court majority concluded that lessees did not have rights to exclusive possession in such a way as to make native title holders trespassers on their own land. This meant that the pastoral leases in question did not necessarily extinguish native title.

Pre-1975 mining leases unlikely to extinguish native title in the ...

WebBecause 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 … 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 … gbh freight https://milton-around-the-world.com

NATIVE TITLE AND THE MINING INDUSTRY AFTER …

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 … 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 … gbh geoconsult

Definition of mining lease - Mindat.org

Category:Native title for mining and resources Business Queensland

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Do mining leases extinguish native title

Pre 1975 mining leases unlikely to extinguish native title …

WebThe 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. http://www5.austlii.edu.au/au/journals/IndigLawB/2016/6.pdf

Do mining leases extinguish native title

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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 … WebThe Full Court explained the core requirements of an exclusive possession grant for a statutory lease in the Native Title Act context of exclusive possession determines extinguishment. The lower court's findings of extinguishment by some classes of statutory leases still stands. Consider the Full Court's findings when analysing whether ...

WebApr 2, 2014 · High Court rules that mining leases do not necessarily extinguish native title McCullough Robertson Australia April 2 2014 On 12 March 2014 the High Court handed down a unanimous decision in... 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 ...

WebWhile the court ruled that mining leases do not necessarily extinguish native title, all Indigenous rights over minerals or petroleum have been denied. Furthermore, the High Court specifically ruled that native title has been fully extinguished over the site of Rio Tinto's Argyle Diamond Mine.

WebA mining lease attracts the right to negotiate process under the Native Title Act 1993 (S31) The applicants for a mining lease must negotiate in good faith, with a view to obtaining …

WebLikewise non-exclusive native title may coexist with mining leases (Western Australia v Ward (2002) 213 CLR 1). In each case the exercise of native title rights must yield to the exercise of rights under the lease. In Commonwealth v Yarmirr (2001) the High Court held that native title may exist in the seas. The native title is subject to public ... gbh full formWebMar 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 … gbh forwardingWebMar 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 … days inn high prairie albertaWebThe 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 days inn high prairie ab phone numberWebWeak native title laws allow mining companies to legally start mining projects without obtaining traditional landowner consent, a study has found. SBS News Australia gbh glyphosateWeband the relevant statutory regime, pastoral lease or mining lease will extinguish them. In consequence, various separate and distinct rights can be struck down, like sticks … gbh frontlineWebThe 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, … gbhgkl customs.gov.cn