NT has the power to buy native title land

Michael Pelly; 16/5/08

The Northern Territory Government has the power to make compulsory acquisition of land, even when native title rights exist, the High Court ruled yesterday. In a 5-2 decision, the court said potential limitations on the Territory’s statutory power to acquire land had been removed by legislation in the past decade - a position that clearly annoyed judge Michael Kirby. The majority said the Lands Acquisition Act provided that “all non-native-title rights and interests” could be extinguished once conditions designed to avoid racial discrimination were met.

See: http://www.theaustralian.news.com.au/story/0,25197,23706553-5013404,00.html

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