Human rights — Property rights — Indigenous land rights — Recognition of native title in Mabo v. Queensland (No. 2) — Whether native title surviving colonization of Western Australia — Land (Titles and Traditional Usage) Act 1993 (WA) (“WA Act”) — State law purporting to extinguish native title — Substitution with statutory rights of traditional usage — Sections 5 and 7 — Validity of WA Act — Whether discriminatory — Whether denying aboriginals equal enjoyment of certain human rights — Rights to own and to inherit property — Right to equal treatment before tribunals and other organs — International Convention on the Elimination of All Forms of Racial Discrimination, 1965, Article 5 — Section 10 of Racial Discrimination Act 1975 (Cth) implementing Article 5 of Convention — Whether WA Act inconsistent with Section 10(1) of Racial Discrimination Act — Whether WA Act inconsistent with the Commonwealth Native Title Act — Whether WA Act having any legal operation by virtue of Section 109 of the Constitution

Human rights — Property rights — Indigenous land rights — Native Title Act 1993 (Cth) (“Native Title Act”) — Commonwealth law governing recognition, protection, extinguishment and impairment of native title — Operation of Act — Whether Act empowered by Section 51(xxvi) of the Constitution — Whether State law or Commonwealth law prevailing in event of inconsistency — Validity of provisions of Native Title Act — Sections 7, 11(1) and 12 — Whether severable — Whether Act invalid by reason of Section 53 of the Constitution — Whether Act discriminating against Western Australia or impairing its legislative or executive functions — Whether Act beyond the legislative powers of Parliament — The law of Australia