# Wik decision (23 December 1996)

URL: https://allhistories.com/australia/timeline/1996-wik-decision
Location: Cape York Peninsula, Queensland; High Court, Canberra
Themes: Governments & Leaders

On 23 December 1996 the High Court decided Wik Peoples v Queensland. By four votes to three, it held that the grant of pastoral leases in Queensland did not necessarily extinguish native title. Where rights under a lease and native title rights conflicted, the rights of the pastoralist prevailed, but native title could otherwise coexist with pastoral use. The judgment was handed down two days before Christmas. The case was brought by the Wik and Thayorre peoples of western Cape York Peninsula. Pastoral leases covered a large part of the Australian continent, and many had assumed after Mabo that such leases had wiped out native title. The decision therefore greatly expanded the potential reach of native title claims. Deputy Prime Minister Tim Fischer promised bucketloads of extinguishment, reflecting the alarm of rural interests. Pastoralists, miners and several state governments demanded legislation to provide certainty. The Howard government responded with its Ten Point Plan and the Native Title Amendment Act 1998, passed after a bitter debate and a deal with independent senator Brian Harradine, which restricted native title rights. Indigenous leaders argued the amendments were discriminatory, and the episode strained the reconciliation process. Tensions over Wik dominated Indigenous affairs in the Howard government's first term.

## Why it matters
Wik extended native title onto pastoral land and provoked a fierce national debate that reshaped native title law.

Ruler at the Time: [Elizabeth II](https://allhistories.com/australia/rulers/elizabeth-ii)

Prime Minister: John Howard (Liberal)
Governor-General: Sir William Deane

## Sources
- [Wikipedia — Wik Peoples v Queensland](https://en.wikipedia.org/wiki/Wik_Peoples_v_Queensland)
- [Wikipedia — Native title in Australia](https://en.wikipedia.org/wiki/Native_title_in_Australia)
- [Encyclopaedia Britannica topic lookup — Wik decision](https://www.britannica.com/search?query=Wik+decision)