Catchwords:

NATIVE TITLE – where primary judge on separate question upheld validity of special leases granted by the Governor in Council over land excluded from consent determination – whether special leases were validly granted and constituted previous exclusive possession acts as defined in the Native Title Act 1993 (Cth) which wholly extinguished native title in the land by force of s 20(2) of the Native Title (Queensland) Act 1993 (Qld) – construction of s 203 of the Land Act 1962 (Qld) vesting power to grant special leases in the Minister – whether the Governor in Council had power to grant special leases under the general power in s 6(1) of the Land Act concurrently with the power vested in the Minister under s 203 – whether principle in Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 applied – appeal dismissed