- A man has been granted a lease by the crown to graze his animals over a piece of land.
- That land falls under the definition of native title.
- However, it is argued that the native title is extinguished by the lease.
- Even if there was native title, the Western Lands Act specifically extinguishes it in this situation and therefore a claim cannot succeed.
- The grant of the land gave them exclusive title and as such could not coexist with native title.
- A lease granted ‘in perpetuity’ followed by purchase will extinguish native title, as the lease is historically considered a substitute for the Crown grant of fee simple.
The full text is available here: https://jade.io/summary/mnc/2002/HCA/29
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