Year
2005
Jurisdiction
Northern Territory
Forum
Federal Court
Legislation considered
s 47A Native Title Act 1993 (Cth)
Issues (legal)
Rights and interests - customary fishing
Rights and interests - sea
Summary
Mansfield J
This case concerned a challenge to the power to issue fishing licences over the intertidal zone of Indigenous land. The Court set out reasons in favour of the claimants in relation to whether the public rights to fish and navigate and statutory fishing rights apply to the intertidal zone in the relevant areas. However, the Court was bound by the decision in Commonwealth v Yarmirr (1999) 101 FCR 171, and found in favour of the defendants.
The Court also found that s 47A of the NTA does not revive a native title right of exclusive possession in the intertidal zone within the outer boundaries of the fee simple, where no statutory fishing licences under Northern Territory legislation have any validity.