Wandarang, Alawa, Marra and Ngalakan Peoples v Northern Territory of Australia [2004] FCAFC 187

Black CJ, Moore and Hely JJ

Consent determination recognising native title rights and interests in the determination area. This decision varied the rights and interests submitted by the parties. The Court removed rights and interests of the claimants relating to the right to possess and occupy, and the right to make decisions about the use and enjoyment of the determination area. 

The claimants initially submitted that they did not have native title rights and interests in the Roper, Limmen Bight and Cox Rivers affected by the tide. The Court, instead recognised native title in those waters. In doing so, the Court  also explicitly recognised public rights in relations to those rivers where affected by the tide.