Wik Peoples v The State of Queensland (commonly known as the Wik decision) is a decision of the High Court of Australia delivered on 23 December 1996 on whether statutory leases extinguish native title rights. The court found that the statutory pastoral leases under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As a result, native title rights could co-exist depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would extinguish the remaining native title rights.
The decision provoked a significant debate in Australian politics. It led to intense discussions on the validity of land holdings in Australia. Some political leaders criticised the court for being out of touch and for introducing uncertainty into Australian life. The Howard government formulated a “10 point plan” to bring certainty to land ownership in Australia. This plan led to the longest debate in the Australian Senate’s history.
Background
In 1992, The High Court held in Mabo that the common law of Australia recognises Aboriginal and Torres Strait Islanders had a form of "native title", which reflected the entitlement of indigenous inhabitants to their traditional lands in accordance with their laws or customs. Native title was not defined by the Wik decision. However it is commonly accepted to include rights to perform ceremony, or to gather foods or medicines.
The Wik peoples
The Wik peoples are a grouping of Aboriginal Australians who reside in north-eastern Australia. They live in an area on western Cape York Peninsula between 11° 40' and 14° 50' south latitude. The group comprises the peoples of Wik-Ompom, Wik-Mungkana, Wik-Paacha, Wik-Thinta, Wik-Ngathara, Wik-Epa, Wik-Me'anha, Wik-Nganthara, Wik-Nganychara, and Wik-Liyanh. Their traditional lands centre around the Archer River and the Edward River. The term Wik actually means “speech” or “language” in the Aboriginal languages of the region.
The Wik people have previously litigated native title type claims. In 1975, part of the Aboriginal reserve at Aurukun created in 1957 had been excised by the Queensland Government for a bauxite mining lease. The lease was granted to the Commonwealth Aluminium Corporation Pty Limited (Comalco) through a special Act of Parliament called the Aurukun Associates Act 1975 (Qld). There was an initial win in the Supreme Court of Queensland against the lease. However an appeal to the Privy Council in London led to the decision being overturned.
In the 1970s, the then Aboriginal Development Commission attempted to purchase part of a pastoral lease. This lease was over part of traditional lands used by the “Winchanam” clan. The Bjelke-Petersen government refused to allow the purchase of the lease. A challenge in the High Court ensued and the action was won by the corporation. However, the Queensland Government frustrated the decision by declaring the land a national park.
Basis of the Wik claim
The Wik peoples and the Thayorre people claimed to be the holders of native title over two areas of land. The first is known as the “Holroyd River Holding” and the other is known as the "Michellton Pastoral Leases". Their claim before the court was on the basis that their native title was not extinguished by the granting of the various leases over the land. They asserted that their native title rights continued and co-existed with the pastoral lease. The Wik Peoples also claimed declarations which challenged the validity of the Special Bauxite Mining Leases which had been granted by the Queensland Government pursuant to the Commonwealth Aluminium Corporation Pty Limited Agreement Act 1957 (Qld) and the Aurukun Associates Agreement Act 1975 (Qld). These claims were brought before the commencement of the Native Title Act 1993 (Cth), came into operation. That law came into being because of the High Court’s decision in Mabo v Queensland (No 2).
The Holroyd River Holding
The Holroyd River Holding is in area. The first Holroyd lease was issued to Marie Stuart Perkins in 1945. It was granted under the Land Act 1910 (Qld). This lease was surrendered in 1973. The first lease was granted for pastoral purposes. A second lease for thirty years was issued under the Land Act 1962 (Qld) in 1975 to John Herbert Broinowski, John Darling, James Maurice Gordon and Ross Farm Pty Ltd. The second lease was not limited to pastoral purposes. The Holroyd land was subject solely to a claim by the Wik people.