The Commonwealth v Yarmirr

Aboriginals – Native title in relation to waters - Application for determination of native title to seas, sea-bed and sub-soil - Territorial application of 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).

Aboriginals – Native title in relation to waters - Whether evidence demonstrated rights under traditional law and custom to possession, occupation, use and enjoyment of the territorial sea and sea-bed within the claimed area to the exclusion of all others - Whether evidence demonstrated right under traditional law and custom to exclusive fishery - Whether right of exclusive possession asserted effectively - Whether public rights to fish and to navigate and international right of innocent passage in territorial sea inconsistent with exclusive native title rights.

Acts Interpretation Act 1901 (Cth) – s 15B.

Coastal Waters (Northern Territory Powers) Act 1980 (Cth) – s 5.

Coastal Waters (Northern Territory Title) Act 1980 (Cth) – s 4.

Native Title Act 1993 (Cth) – ss 6, 11, 223, 225 and 253.

Off –shore Waters (Application of Territory Laws) Act 1985 (NT), ss 2 and 3.

Seas and Submerged Lands Act 1973 (Cth) – ss 6, 7 and 11.