Property Law

Western Australia v Ward (2002) 191 ALR 1

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Facts

  • A native title claim is put forward for certain areas around Kununurra, Lake Argyle and Lake Kununurra, part of the Ord River irrigation area, the Argyle Diamond Mine and the Keep River National Park in the Northern Territory.

Held

  • Native title rights can co exist with some other rights, such as pastoral leases.
  • Native title legislation allows for partial and total extinguishment of native title.
  • Proof is based in traditional laws and customs, not occupation.  The Native Title Act recognises these rights and interests, but case law cannot elaborate on this, as it is founded in a wholly different culture.

Full Text

The full text is available here:  https://jade.io/summary/mnc/2002/HCA/28


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