Native title is characterised as a bundle of rights capable of partial extinguishment (per the majority), meaning Crown grants that are inconsistent with some but not all incidents of native title extinguish only those inconsistent rights. Legislative declarations of Crown property in minerals and petroleum do not extinguish native title but confer only regulatory control. Native title includes a right to maintain, protect and prevent the misuse of cultural knowledge. Where there is temporal inconsistency between native title and granted rights, native title is suspended rather than extinguished. The starting point under s 85A NTA is that each party bears its own costs. Note: this decision was subsequently appealed to the High Court.
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