87 Native title revives in full at the expiry of a licence. These interests can also be renewed as long as the renewal does not create a greater interest. 90 Native title is not necessarily extinguished completely by leases which do not require validation. In these circumstances, there is scope for co-existence under the common law. Clearly there is no danger of commercial fisheries not receiving the full benefit of their existing interests as long as complementary legislation has been enacted.
Future acts are more complicated.
With regard to leases, the renewal, re-grant or extension of a lease, which are not past acts, are permissible future acts as long as they take effect before or at the end of the term of the lease. The NTA may have some impact on the issuing of future interests which are more extensive than existing interests that they replace, but this is very limited. I believe the impact on the issuing of new fishing licences is also limited. Apart from limitations on discriminatory acts, there is nothing preventing any future acts relating to commercial fisheries in off-shore areas where the majority of commercial fishing take place. The way this test operates in practice in the context of the fishing industry's interests is difficult to predict and will vary depending on the rights which ordinary title holders have in relation to adjacent land.