... Native Title Act) applied, the Fauna Act did not impinge on the rights of those in possession of native title. The hunting and killing of the estuarine crocodile, under s 211 of the Native Title Act, is a class of activity to which those who enjoy native title have a right4. The magistrate found that the Gunnamulla clan demonstrated a continued connection with the land where the fauna were taken and subsequently the appellant's native title rights were validated which resulted in the charge being dismissed5. An appeal was made to the Court of Appeal of Queensland where, by a majority of 2:1, the order of the magistrates court was set aside6. The decision of the Court of Appeal of Queensland to set aside the decision was based on a revised Fauna Conservation Act which, under s 7, removed an exemption to native title holders of their authorised taking of fauna ...

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