The Wik Decision is a decision of the High Court of Australia in Wik Peoples v. The State of Queensland in December 1996, regarding the right of access by the Wik peoples of Cape York Peninsula in North Queensland to Crown land held under pastoral leases for cattle grazing. The court decided (4 judges to 3) that the rights of indigenous people who can prove a connection to the land can coexist with the rights of the leaseholders (or pastoralists), but where there is any inconsistency between the two, the rights of the pastoralist will prevail.

In other words, pastoral leases do not automatically give exclusive possession to the pastoralist, and therefore do not necessarily extinguish native title. This had been a major assumption upon which the Commonwealth Native Title Act had first been drafted.

Since the case, the Native Title Amendment Act has been created, introducing more stringent procedures for awarding Native Title.

See also

• Eddie Mabo & Ors v The State of Queensland (No 2)
• Terra nullius
• Indigenous Australians
• History of Australia
• Australia

External links

• ^* High Court - Wik Peoples v Queensland (1996) 187 CLR 1 (Wik)

Native title | High Court of Australia cases | 1996 in Australia | 1996 in law | Indigenous Australian politics