The Impact Of The Wik Decision On The Native Title Act
The native land rights act gave an impression that it would give exclusive
possession to the pastoralist which had been so for about 5-7 years. In this
time, large mining companies along with pastoralists had enjoyed privileged
access to the land without any interference from the rightful Aboriginal land
owners. The Wik decision overcame this shortfall by introducing a rule that
stated if the Aboriginal Landowner could claim connection to the land by
satisfying various requirements, he/she would gain ownership of the land ALONG
with the pastoralist or mining company. The overall impact of the Wik decision
upon the native land right acts was mainly a positive for the Indigenous owners
of the land. However, in contrary to belief, if there was an inconsistency
between the Indigenous claimer and the land leaser (pastoralist), the
pastoralist would be given preference for the land under scrutiny. In summary,
the Wik decision had a mainly positive effect on the native land rights act, by
clarifying any mistakes that gave the pastoralist unprecedented advantage over
the Indigenous owners in relation to their claim on the sacred land.
possession to the pastoralist which had been so for about 5-7 years. In this
time, large mining companies along with pastoralists had enjoyed privileged
access to the land without any interference from the rightful Aboriginal land
owners. The Wik decision overcame this shortfall by introducing a rule that
stated if the Aboriginal Landowner could claim connection to the land by
satisfying various requirements, he/she would gain ownership of the land ALONG
with the pastoralist or mining company. The overall impact of the Wik decision
upon the native land right acts was mainly a positive for the Indigenous owners
of the land. However, in contrary to belief, if there was an inconsistency
between the Indigenous claimer and the land leaser (pastoralist), the
pastoralist would be given preference for the land under scrutiny. In summary,
the Wik decision had a mainly positive effect on the native land rights act, by
clarifying any mistakes that gave the pastoralist unprecedented advantage over
the Indigenous owners in relation to their claim on the sacred land.