The AAP report is partially right.
The decision which you can find at
http://www.austlii.edu.au/au/cases/cth/federal_ct/2000/191.html was
split 2-1 with the majority (Von Dousa and Beaumont) accepting that
Native Title amounted to a "bundle of rights" which could be divided.
In some situations leases of various kinds result in complete
extinguishment. In others the extinguishment is only partial.
The minority judge, North, refused the government appeals entirely,
arguing that Native Title was not something that is divisible, but
provides something amounting to title to land which cannot be so
simply overturned.
Interestingly all three judges upheld Lee's treatment of the evidence
concerning traditional connection which, amongst other things,
recognised that there is no requirement to make use of a narrow test
of biological decent which specifically relates each current claimant
to those present at the declaration of sovereignty. This is likely to
be an important issue in other cases.
A quick glance at the judgement, and the recognition by the judges
concerned that some of the important principles involved have not yet
been tested in the high court, suggests that a further appeal is
likely.
Cheers
Rod
--
Rod Hagen
[EMAIL PROTECTED]
Hurstbridge, Victoria, Australia
WWW http://www.netspace.net.au/~rodhagen
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