Yanner v Eaton

[1999] HCA 53
Judgment date
Case number
B52/1998
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Aboriginals – Native title – Right to hunt wild animals – Regulation by State fauna protection legislation – Whether inconsistent with continued existence of right – Whether right extinguished prior to preservation by Native Title Act 1993 (Cth).

Constitutional law – Inconsistency between Commonwealth and State laws – Regulation of exercise of native title right by State fauna protection legislation – Whether inconsistent with Native Title Act 1993 (Cth) – Operation of Racial Discrimination Act 1975 (Cth).

Animals – Wild animals – Property vested in the Crown – Whether constitutes absolute or full beneficial ownership.

Property – Nature of proprietary interests – Relationship between owner and subject matter.

Statutes – Construction – Meaning of "Crown" – Operation of State fauna protection legislation vesting "property" in the Crown.

Crown – Immunity – Queensland – Extent of immunity conferred by State fauna protection legislation.

Words and phrases – "property" – "Crown" – "vesting" – "wild by nature".

The Constitution, s 109.

Fauna Conservation Act 1974 (Q), ss 7, 24, 24A, 25, 27, 30, 54, 60, 67, 71(2), 83(3), 84.

Native Title Act 1993 (Cth), ss 211, 223.