David Yarrow


This paper will examine and assess the validity, operation and impact of mining leases under the mining legislation of Queensland on pre-existing native title rights and interests. The Queensland mining legislation examined includes the Mining Act 1898 (Qld), the Mining Act 1968 (Qld) and the Mineral Resources Act 1989 (Qld). The paper will consider the extinguishment of native title by mining leases, the effect of the Racial Discrimination Act 1975 (Cth) on the capacity for mining leases to extinguish native title and the impact of the Native Title Act 1993 (Cth) on the relationship between mining leases and native title.