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Monday, 20 December 1993
Page: 5352

Senator GARETH EVANS (Minister for Foreign Affairs) (12.24 a.m.) —Otherwise than by this process, at conversion? Ordinary native title which is achieved by way of determination can be surrendered to the Crown, but is otherwise inalienable. I just checked on whether it is also applied to the native title equivalent situation that you could obtain in the context of a pastoral lease, and that is also surrenderable to the Crown. But it is otherwise inalienable. But remember: that is the native title interest, as distinct from the leasehold interest. The lease itself—which may well carry with it, and usually does, full-scale exclusive occupancy rights—is alienable, either voluntarily or in effect compulsorily, if it is a bank resumption in the event of a mortgage failing.