The High Court of Australia, in WA v Cth (The Native Title Act case)
In their joint judgment in the Native Title Act case, the High Court rejected the claims of the Western Australian Government that it was unduly burdened by the legislation and impliedly criticised the complaints against the recognition of native title.
Their Honours stated:
'Such practical difficulties as there may be in the administration of the legislation of Western Australia governing land, minerals and the pipeline transportation of petroleum products can be attributed to the realisation that land subject to native title is not the unburdened property of the State to use or to dispose of as though it were the beneficial owner.'
Their Honours stated:
'Such practical difficulties as there may be in the administration of the legislation of Western Australia governing land, minerals and the pipeline transportation of petroleum products can be attributed to the realisation that land subject to native title is not the unburdened property of the State to use or to dispose of as though it were the beneficial owner.'
Keywords: Canberra, Native Title Act (1993), recognition, WA v Commonwealth, Western Australia, 1995
Author: Strelein, Lisa