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(1999) 201 CLR 351 Yanner v Eaton High Court of Australia Quiz

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(1999) 201 CLR 351 Yanner v Eaton High Court of Australia Quiz

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Questions and Answers

According to the Fauna Conservation Act 1974 (Q), who is considered the property of the Crown?

All fauna, except during open season (correct)

Fauna declared by Order in Council

Only estuarine crocodiles

Animals kept in captivity

What is required for a person to take or keep fauna under the Fauna Conservation Act 1974 (Q)?

A licence, permit, certificate, or other authority (correct)

A written request to the Fauna Authority

A membership in a wildlife conservation organization

An exemption from the Act's provisions

What is considered fauna under the Fauna Conservation Act 1974 (Q)?

Domesticated animals

Animals wild by nature and those declared by Order in Council (correct)

Extinct animal species

Only animals declared in an open season

Which entity controls fauna that is not taken or kept during an open season under the Fauna Conservation Act 1974 (Q)?

Fauna Authority Signup and view all the answers

In what way are estuarine crocodiles treated under the Fauna Conservation Act 1974 (Q)?

Declared as fauna by Order in Council Signup and view all the answers

Why is it necessary to obtain a licence, permit, or authority to take fauna under the Fauna Conservation Act 1974 (Q)?

To ensure sustainable wildlife management Signup and view all the answers

What did Section 211 of the Native Title Act 1993 (Cth) provide regarding the exercise of native title rights and interests?

It allowed the exercise of native title rights for personal, domestic, or non-commercial communal needs. Signup and view all the answers

Why was an Aboriginal man charged with taking fauna contrary to the Fauna Conservation Act in the given scenario?

He did not hold a license under the Fauna Conservation Act. Signup and view all the answers

How did the magistrate rule in the case of the Aboriginal man catching crocodiles without a license?

He dismissed the charge based on traditional hunting customs of the man's clan. Signup and view all the answers

According to the judgment, how did s 211 of the Native Title Act impact the Aboriginal man's case?

It allowed him to continue hunting for personal, domestic, or non-commercial communal needs. Signup and view all the answers

How did Gleeson CJ, Gaudron, Kirby and Hayne JJ interpret the rights conferred by s 7(1) of the Fauna Conservation Act?

As aggregate of various control rights rather than full ownership. Signup and view all the answers

Why did McHugh and Callinan JJ dissent in the case of native title rights and the Fauna Conservation Act?

They believed that native title rights were fully extinguished by s 7(1) of the Fauna Conservation Act. Signup and view all the answers