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Wik Peoples v Queensland
''Wik Peoples v The State of Queensland'' (commonly known as the Wik decision) is a decision of the High Court of Australia delivered on 23 December 1996 on whether statutory leases extinguish native title rights. The court found that the statutory pastoral leases under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As a result, native title rights could co-exist depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would extinguish the remaining native title rights.
The decision provoked a significant debate in Australian politics.〔(【引用サイトリンク】title=Wik decision per Justice Brennan ) p10〕 It led to intense discussions on the validity of land holdings in Australia. Some political leaders criticised the court for being out of touch and for introducing uncertainty into Australian life. The Howard Government formulated a “10 point plan” to bring certainty to land ownership in Australia. This plan led to the longest debate in the Australian Senate’s history.
==Background==
In 1992 the High Court of Australia found in the Mabo case that Aboriginal and Torres Strait Islanders had rights to their land before the arrival of British colonisation. Those rights depended on the local laws and customs.〔Brennan, p11〕 Native title was not defined by the Wik decision. However it is commonly accepted to include rights to perform ceremony, or to gather foods or medicines.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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