Olney J
Justice Olney found that 'non-exclusive' native title existed in relation to the sea and seabed in the vicinity of Croker Island. It was held that land in the inter-tidal zone which had been the subject of a freehold grant could have a claim made over it under the Native Title Act 1993 (Cth). Despite evidence that the native title holders had traded int he past, Justice Olney held that there was no right to trade in the resources of the area. His Honour noted that a right to trade in goods was not a right in relation to land and waters and thus fell outside the definition of native title.
HIs Honour also noted that amendments to the area of land or waters claimed is not permitted as any such claim is a fresh claim and all relevant procedures in the NTA must be complied with.