Wik decision

E396109

The Wik decision was a landmark 1996 High Court of Australia ruling that found native title rights could coexist with pastoral leases, significantly reshaping land rights law and Indigenous relations in Australia.

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Label Occurrences
Wik decision canonical 1

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Statements (43)

Predicate Object
instanceOf High Court of Australia decision ⓘ
landmark court ruling ⓘ
affectedGroup Aboriginal and Torres Strait Islander peoples ⓘ
affectedSector pastoral industry in Australia ⓘ
alsoKnownAs Wik Peoples v Queensland ⓘ
Wik case ⓘ
country Australia ⓘ
court High Court of Australia ⓘ
courtComposition High Court full bench ⓘ
dateDecided 1996-12-23 ⓘ
heldThat grant of a pastoral lease does not necessarily extinguish all native title rights ⓘ
native title rights can coexist with pastoral leases ⓘ
the effect of a pastoral lease on native title depends on the terms of the lease and relevant legislation ⓘ
impact affected negotiations between Indigenous groups and pastoralists ⓘ
influenced recognition of Indigenous rights over large areas of pastoral land in Australia ⓘ
prompted amendments to the Native Title Act 1993 ⓘ
jurisdiction Queensland ⓘ
language English ⓘ
legalArea Australian constitutional law ⓘ
native title law ⓘ
property law ⓘ
legalCitationJurisdiction Australia ⓘ
legalSystem common law ⓘ
locationOfCourt Canberra ⓘ
mediaCoverage extensive national debate in Australia ⓘ
parties Queensland Government ⓘ
Wik peoples ⓘ
politicalResponse led to the Howard Government’s ‘10-point plan’ on native title ⓘ
precedentFor later native title cases in Australia ⓘ
relatedCase Mabo v Queensland (No 2) ⓘ
relatedConcept coexistence of land interests ⓘ
native title ⓘ
pastoral lease ⓘ
relatedLegislation Native Title Act 1993 ⓘ
significance clarified relationship between native title and pastoral leases ⓘ
had major implications for Indigenous land rights in Australia ⓘ
influenced subsequent native title legislation and policy ⓘ
reshaped Australian land rights law ⓘ
triggered intense political and public debate about native title ⓘ
subjectMatter existence and extent of native title on pastoral lease land ⓘ
interaction between statutory land grants and native title ⓘ
timePeriodConcerned post-colonial land tenure in Australia ⓘ
yearDecided 1996 ⓘ

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