top of page

Yanner v Eaton (1999) 201 CLR 351

Writer: Head EditorHead Editor

Gleeson CJ, Gaudron J, McHugh J, Gummow J, Kirby J, Hayne J, Callinan J


Native title - Constitutional Law - Inconsistency between State and Federal Law

Facts; The case involved Mr Yanner, an Aboriginal man from Queensland, who was charged with hunting and possessing a protected animal (a crocodile) in contravention of the Queensland Fauna Conservation Act 1974. Mr Yanner argued that as an Aboriginal person, he had a native title right to hunt for personal, non-commercial purposes, and therefore, the State legislation should not apply to him.

Law; The central question before the court was whether the Queensland legislation was inconsistent with the Native Title Act 1993 (Cth), a federal law that recognizes and protects the native title rights of Indigenous Australians. The Native Title Act was enacted to ensure that native title rights are not extinguished by subsequent laws unless they are expressly inconsistent.

The court emphasized that native title rights are protected by the Constitution and that any legislation that substantially impairs those rights is invalid. The decision affirmed the importance of recognizing and protecting Indigenous rights, including the right to hunt for personal, non-commercial purposes as part of their native title rights.


Holding; In a unanimous decision, the High Court held that the Queensland legislation was inconsistent with the Native Title Act. The court reasoned that the relevant provisions of the Queensland law, which prohibited hunting and possessing protected animals, affected the exercise of native title rights. As a result, the state legislation was invalid to the extent of the inconsistency.

Yanner v Eaton clarified the relationship between federal and state legislation regarding native title rights. It established that state laws that significantly interfere with the exercise of native title rights may be invalid to the extent of the inconsistency with federal law. The case also highlighted the constitutional protection of native title rights and reinforced the principle of reconciliation between Indigenous and non-Indigenous Australians.

Overall, Yanner v Eaton played a crucial role in shaping the legal framework for the recognition and protection of native title rights in Australia, affirming the significance of Indigenous rights and promoting the reconciliation process.

20 Comments


Ascent Innovations
Ascent Innovations
Mar 24

Ascent Innovations is your trusted partner for Microsoft Dynamics 365 Finance. With a focus on excellence, innovation, and client success, we deliver tailored solutions that transform businesses. Our certified experts bring extensive experience to every project, ensuring seamless implementations, efficient operations, and continuous growth. We're committed to your success, offering personalized support, training, and strategic guidance. As your dedicated  Microsoft Dynamics partner , we harness the power of Microsoft Dynamics 365 to drive productivity, optimize finances, and elevate your competitive edge. Join us on a journey of digital transformation, where your goals become our goals, and your success becomes our success. Your future is brighter with Microsoft Dynamics 365 ERP Solutions or Software, and we're here to make it happen.

Like

Shankar Kushwaha
Shankar Kushwaha
Mar 12

Grateful for your time and curiosity! Your support fuels creativity and inspiration. Keep exploring, stay curious, and let’s continue this journey together. Thank you for being part of it

How to Invest in IPOs

Like

Mk Jon
Mk Jon
Mar 12

<ahref="https://brparadoxpc.com/product/custom-paradox-p…ler-x-gamenetics/" rel="dofollow">Custom Paradox Customs PS5 Controller</a>

<ahref=" https://brparadoxpc.com/product/wireless-keyboard-gmmk-3-pro-black/ ‎" rel="dofollow">Glorious GMMK 3 PRO HE Prebuilt Wireless Keyboard – Black</a>

<ahref=" https://brparadoxpc.com/product/high-performance-wireless-keyboard/" rel="dofollow">Glorious GMMK 3 PRO HE Prebuilt Wireless Keyboard – Silver</a>

<ahref=" https://brparadoxpc.com/product/650w-gold-atx-3-0-power-supply/ ‎" rel="dofollow">650W Gold ATX 3.0 Power Supply</a>

<ahref=" https://brparadoxpc.com/product/650w-gold-atx-3-0-power-supply/" rel="dofollow">650W Gold ATX 3.0 Power Supply</a>

<ahref=" https://brparadoxpc.com/product/crucial-p3-plus-…vme-ssd-5000mb-s/" rel="dofollow">Crucial P3 Plus 1TB NVME SSD 5,000MB/s</a>

<ahref=" https://brparadoxpc.com/product/high-dpi-gaming-mouse/" rel="dofollow">Logitech G Pro Superlight 2 – Black</a>

<ahref="https://brparadoxpc.com/product/the-gaming-mouse…-weight-32000-dp/" rel="dofollow">Logitech G Pro Superlight 2 – White</a>

<ahref="https://brparadoxpc.com/product/asrock-b850-live…motherboard-wifi/" rel="dofollow">Asrock B850 Live Mixer Motherboard (WIFI)</a>

<ahref="https://brparadoxpc.com/product/cpu-cooling-for-amd-ryzen/" rel="dofollow">Stock CPU Cooler</a>

<ahref="https://brparadoxpc.com/product/amd-processor-for-gaming/" rel="dofollow">AMD Ryzen 5 8600G 6 Core Processor</a>

<ahref=" https://brparadoxpc.com/product/noise-dampening-pc-case/" rel="dofollow">BeQuiet PURE BASE 501 Black</a>

<ahref="https://brparadoxpc.com/product/paradox-customs-…rmance-gaming-pc/ " rel="dofollow">Paradox Customs Lian Li O11 Dynamic Evo XL Prebuilt I – S+ Tier</a>

<ahref=" https://brparadoxpc.com/product/ultra-fast-nvme-ssd/" rel="dofollow">Paradox Customs Lian…

Like


Cupid Baba
Cupid Baba
Mar 06

Cupidbaba offers various penis lock designed for male chastity control and BDSM play. These locks come in metal or silicone options, ensuring comfort and security. Ideal for dominance play, they enhance restraint and pleasure. Discreet shipping available.

Like

In the spirit of reconciliation, Survive Law acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.

© Survive Law 2023

bottom of page