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Monday, 20 December 1993
Page: 5317

Senator GARETH EVANS (Minister for Foreign Affairs) (8.58 p.m.) —It is certainly our understanding of the High Court decision on this that extinguishment means extinguishment, and not a capacity to revive. That is why we had to make explicit statutory provision for the revival of native title in the context of future grants of mining interests. We worked on the assumption that any grant of a mining interest, just as with the freehold or pastoral lease before it, would accomplish the extinguishment as a matter of common law. So if one wants to keep it from being non-extinguished, one has to say so.