2024 Do mining leases extinguish native title

Do mining leases extinguish native title

Author: rqba

August undefined, 2024

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? 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 …

High Court on native title - can mining leases extinguish

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 … WebOct 29, 2024 · The amendments allowed for the some pastoral and mining leases to be authenticated. ... this could weaken or even extinguish native title in many cases. ... The main areas of the legislation which enable development at the expense of native title apply where native title groups and mining companies/developers have been unable to reach … puhdas itämeri

MINERALS, MINING LEASES AND NATIVE TITLE

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 ... WebAct 1898 (WA) extinguish native title — whether mining leases under the Mining Act 1978 (WA) extinguish native title ... by the grant of mining leases under that Act are not necessarily inconsistent with (and do not necessarily extinguish) a native title to live on the leased land: [67]. 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 … baptist yazoo swing bed

Native Title after Wik: Where to Now? - [1997] MurUEJL 3

Do mining leases extinguish native title

Leases do not end native title: court The Australian

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 … 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 ...

Did you know?

WebWeak native title laws allow mining companies to legally start mining projects without obtaining traditional landowner consent, a study has found. SBS News Australia 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 …

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. 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 …

WebJan 15, 1997 · The High Court has decided that pastoral leases do not extinguish native title, and now it is testing time for the negotiating skills of the farmers, and the Aborigines, as Lenore Taylor reports ... Weband 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 …

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 ...

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. baptiste santamaria injuryWebApr 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 … puhd15-1WebApr 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... baptism on palm sundayhttp://www5.austlii.edu.au/au/journals/MurUEJL/1997/3.html baptize meaning in bengaliWebThe 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. baptiste sabbadinhttp://kirra.austlii.edu.au/au/journals/AILR/2006/27.txt/cgi-bin/download.cgi/download/au/journals/AILR/2006/27.pdf puhdas sydänWebIf a native title claim exists, the Mining Lease applicant, native title parties and the State must negotiate in good faith with a view to reaching agreement that the mining … puhdas vesi ja sanitaatio