Wilson v Anderson

Aboriginals – Native title - Extinguishment - Application for determination of native title to land and waters - Claim area partly subject to lease granted "in perpetuity" under Western Lands Act 1901 (NSW), s 23 - Whether "lease in perpetuity" conferred upon lessee a right of exclusive possession over leased land - Whether grant of lease extinguished any native title in relation to land covered by lease - Operation of Div 2B of Pt 2 of Native Title Act 1993 (Cth) and Pt 4 of Native Title (New South Wales) Act 1994 (NSW) - Whether grant of lease a "previous exclusive possession act" under Native Title Act 1993 (Cth), s 23B.

Property – Real property - "Lease in perpetuity" - Operation of Real Property Act 1900 (NSW) in respect of perpetual leases - Historical development of statutory "lease in perpetuity" and other species of perpetual tenure as substitutes for Crown grant of determinable fee simple - Whether imposition of conditions and tenurial incidents on grantee of "lease in perpetuity" denied to grantee right of exclusive possession.

Practice and procedure – Observations on appropriateness of practice of reserving for separate determination questions respecting alleged extinguishment of native title.

Words and phrases – "previous exclusive possession act", "lease".

Native Title Act 1993 (Cth) – ss 23B, 23E, 242(1), 248A.

Racial Discrimination Act 1975 (Cth).

Crown Lands Act 1884 (NSW).

Real Property Act 1900 (NSW).

Western Lands Act 1901 (NSW) – ss 18, 23, Sched A.

Crown Lands Consolidation Act 1913 (NSW).

Native Title (New South Wales) Act 1994 (NSW) – s 20.