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Inquiry examines indigenous governance

Extract from Australian Broadcasting Corporation - ABC Online, on Aug 19th, 2002.

Native title over minerals has been ruled out by the High Court.

But the court has found native title does survive on pastoral and mining

The judgment in the Muriuwung Gajjerong native title case was expected to
clarify the status of native title, first recognised by the court's Mabo

The ruling has found native title can exist alongside pastoral and mining
leases, which the court says do not extinguish native title where the
rights and interests of the lease holders are not inconsistent with the
native title interests.

However, the court has ruled native title does not survive over minerals
and petroleum.

The court found native title has been extinguished over the Argyle Diamond
mine and exclusive rights to fish in tidal waters has been extinguished.

The case is not over yet, with the High Court referring elements of the
case back to the Federal Court.



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