Yarmirr V Northern Territory - Determination

Determination

The judge, Olney J, determined members of the Croker Island community have a non-exclusive native title right to have free access to the sea and sea-bed of the claimed area for all or any of the following purposes:

1. to travel through or within the claimed area;
2. to fish, hunt and gather for the purpose of satisfying their personal, domestic or non-commercial communal needs, including the purpose of observing traditional, cultural, ritual and spiritual laws and customs;
3. to visit and protect places which are of cultural and spiritual importance;
4. to safeguard their cultural and spiritual knowledge.

The claimed area was defined by maps attached to the application for determination. It included the seas and extended to land or reefs within the proposed boundaries. Native title of Croker Island and other islands within the claimed area had been granted in 1980 and were not within the claim.