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Of cows and metals: Why men dig holes

Storey, M (2006). Of cows and metals: Why men dig holes. Australian Resources and Energy Law Journal,24(1):74-86.

Document type: Journal Article
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Title Of cows and metals: Why men dig holes
Author Storey, M
Journal Name Australian Resources and Energy Law Journal
Publication Date 2006
Volume Number 24
Issue Number 1
ISSN 1447-9710   (check CDU catalogue open catalogue search in new window)
Start Page 74
End Page 86
Total Pages 13
Place of Publication Melbourne, Victoria, Australia
Publisher AMPLA
HERDC Category C1 - Journal Article (DEST)
Abstract The paper examines the issue ofwhether the grant of an exploration licence under the Mining Act 1980 (NT) over land comprised in a pastoral lease under the Pastoral Land Act 1992 (NT) constitutes a future act' under the Native Title Act 1993 (Cth). This examination involves consideration of three main issues. The first goes to the nature of extinguishment of native title rights. The second looks at the nature ofthe rights ofthe pastoralist, the native title holder and the mineral explorer. The final issue considered in Part C is whether the exploration licence rights 'affect' any of the remnant native title rights and interests? The paper concludes by suggesting that, in light ofthe authority ofthe High Court in Western Australia v Ward (2002) 213 CLR 1, the grant of an exploration licence can not 'affect' any ofthe remnant native title rights and interests and thus does not constitute a future act The paper closes by speculating whether the historical mineral exploration regime under the legislative precursors to the Mining Act may also have effected a Widespread extinguishment ofinconsistent native title.
 
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