NATIVE TITLE - native title rights and interests claimed - where the native title rights and interests claimed, subject to one qualification, are not in dispute - right to take resources - whether right is an unconfined right to take resources of the claim area - whether right to take resources is confined to personal or communal purposes of a domestic or subsistence nature, but not for commercial or business purposes - question of fact on the evidence - exchange of goods for economic utilitarian purposes - exchange of goods for religious, ceremonial or political purposes
NATIVE TITLE - extinguishment - non-tidal waters and subterranean waters - legislation asserting Crown rights in and/or powers over waters in lakes, springs and watercourses - whether native title right of exclusive possession is relevantly inconsistent with a limitation on the use of particular kinds of water - whether non-exclusive rights may properly be read as limited by legislation in a manner that does not abrogate any right vested in the Crown - land areas, bed or subsoil where there is, or may be, water from time to time - appropriate formulation and/or qualification of the right
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