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Attenuating indigenous property rights: land policy after the Wik decision

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  • Godden, David P.

Abstract

In December 1996, the High Court of Australia handed down its judgment in the Wik case finding, by a 4:3 majority, that pastoral leases did not necessarily extinguish native title. An intense political campaign by both pastoral and indigenous interests, and their political representatives, was aimed, in the case of the former, at legislative extinguishment of native title on pastoral leases and, in the case of the latter, at defending property rights which the High Court found had never been extinguished. In this article it argued that an efficient re-allocation of property rights is unlikely to result from extinguishment, but requires Coasian-type bargains between pastoral and indigenous interests.

Suggested Citation

  • Godden, David P., 1999. "Attenuating indigenous property rights: land policy after the Wik decision," Australian Journal of Agricultural and Resource Economics, Australian Agricultural and Resource Economics Society, vol. 43(1), pages 1-33, March.
    • Handle: RePEc:ags:aareaj:117029
    DOI: 10.22004/ag.econ.117029
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    References listed on IDEAS

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    1. John Forbes, 1995. "Taking Without Paying: Interpreting Property Rights in Australia’s Constitution," Agenda - A Journal of Policy Analysis and Reform, Australian National University, College of Business and Economics, School of Economics, vol. 2(3), pages 313-320.
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    Cited by:

    1. Venn, Tyron J. & Quiggin, John, 2007. "Accommodating indigenous cultural heritage values in resource assessment: Cape York Peninsula and the Murray-Darling Basin, Australia," Ecological Economics, Elsevier, vol. 61(2-3), pages 334-344, March.
    2. repec:ags:aare06:139525 is not listed on IDEAS
    3. Venn, Tyron J. & Quiggin, John C., 2006. "Accommodating Indigenous Cultural Heritage Values in Resource Assessment," 2006 Conference (50th), February 8-10, 2006, Sydney, Australia 139919, Australian Agricultural and Resource Economics Society.
    4. Manero, Ana & Taylor, Kat & Nikolakis, William & Adamowicz, Wiktor & Marshall, Virginia & Spencer-Cotton, Alaya & Nguyen, Mai & Grafton, R. Quentin, 2022. "A systematic literature review of non-market valuation of Indigenous peoples’ values: Current knowledge, best-practice and framing questions for future research," Ecosystem Services, Elsevier, vol. 54(C).
    5. Dyack, Brenda & Greiner, Romy, 2006. "Natural Resource Management and Indigenous Well Being," 2006 Conference (50th), February 8-10, 2006, Sydney, Australia 139725, Australian Agricultural and Resource Economics Society.

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    Keywords

    Land Economics/Use;

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