Wik Peoples v Queensland [1996]: The Native Title Balancing Act

Discover how this follow-up to the Mabo decision addressed the coexistence of pastoral leases and native title, shaping land use and governance frameworks in Victoria and New South Wales.

Case Summary

Following Mabo, the High Court ruled that native title could coexist with pastoral leases, provided there was no conflict between the two.

Legal Analysis

This nuanced approach expanded native title rights while protecting existing leaseholders, creating a framework for balancing competing interests.

Social Implications

The decision was controversial, with some fearing it would destabilise land use rights. However, it furthered reconciliation efforts by acknowledging Indigenous land rights.

Continuing Impact

The coexistence principle informs land use policies and native title negotiations in NSW and Victoria.