Wik & Co-Existence

In 1996, the Wik and Thayorre people of Queensland claimed native title over land that was also covered by pastoral leases. Asserting that native title could co-exist with the interests of the pastoral leaseholders, they took their case against the Queensland Government to the High Court.

This was the first test of native title across a large area of mainland Australia and the Court considered whether native title was extinguished by the granting of a pastoral lease.

It ruled that both could co-exist, although the rights of pastoralists would prevail in the event of inconsistency with rights under native title.

Indigenous peoples were gracious in accepting an outcome which made their land rights even more vulnerable. Although the outcome entrenched the vulnerability of native title rights.

Reasoned discussion on co-existence did not follow as opposition to native title was re-ignited.