Wilson v Anderson (2002) 190 ALR 313

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Facts

  • 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.

Held

  • 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.

Full Text

The full text is available here:  https://jade.io/summary/mnc/2002/HCA/29


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