Vulnerablity to extinguishing acts

As a common law right, native title provides no protection for Indigenous peoples against the laws of government that are validly made and within the government's power. Without Constitutional protection, native title was vulnerable to extinguishing acts by state governments without consent or compensation. The Court requires only that such legislation be clear and unambiguous in its intention. Moreover, while a government cannot take back a grant once made, native title was said not to have the same protection. Therefore, land can be granted without clear legislation, and without consent and extinguishing native title.

Keywords: Common Law, extinguishment, native title, 1992-

Author: Strelein, Lisa