Yarmirr V Northern Territory - Application

Application

The application was made on behalf of a number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. The native title rights and interests claimed included the right to exclusive possession. The case established that traditional owners do have native title of the sea and sea-bed, however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea.

The case aimed to determine, under Territorial application of the Native Title Act 1993 (Cth):

• Whether common law applies to territorial sea beyond low-water mark
• Whether common law recognises native title in territorial sea beyond low-water mark
• Whether recognition by common law influenced by legislative purpose of Native Title Act 1993 (Cth)
• Relevance of concept of radical title
• Effect of successive acquisitions of sovereignty over the territorial sea and sea-bed by the Crown in right of the United Kingdom in 1824 and the Crown in right of the Commonwealth by the Seas and Submerged Lands Act 1973 (Cth)
• Nature and effect of right and title to the territorial sea and sea-bed vested in the Northern Territory by the Coastal Waters (Northern Territory Title) Act 1980 (Cth).