Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rainbow on behalf of the Kurtjar People v State of Queensland (No 3) [2022] FCA 824 File number(s): QUD 483 of 2015
Judgment of: RARES J
Date of judgment: 26 July 2022
Catchwords: NATIVE TITLE – extinguishment of native title – where The Rights in Water and Water Conservation and Utilization Act 1910 (Qld) s 5(1) and The Water Act of 1926 (Qld) s 4(1) vested in Crown right to use, flow and control of waters in State subject to restrictions preserving or conferring rights of riparian owners, occupiers and the public to take and access water for domestic and ordinary use and certain other purposes – whether vesting of water in Crown extinguished native title rights and interests to take and access water on the claim area – whether native title rights and interests in water preserved or conferred by State Acts were native title rights and interests under s 223(3) of Native Title Act 1993 (Cth)
Legislation: Native Title Act 1993 (Cth) ss 56, 57, 94A, 223, 225 and 251B Native Title (Queensland) Act 1993 (Qld) s 23 Rights in Water and Irrigation Act 1914 (WA) s 4 The Rights in Water and Water Conservation and Utilization Act 1910 (Qld) ss 5, 7, 8, 9 and 11 The Water Act of 1926 (Qld) ss 2, 3, 4, 6, 7, 8, 9 and 10 Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) s 12M
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