Leo Akiba on behalf of the Torres Strait Regional Seas Claim Group v. Commonwealth of Australia and Ors

Lower Court Judgment

14/03/2012 Federal Court of Australia (Keane CJ, Mansfield J, Dowsett J)

[2012] FCAFC 25

Catchwords

Native title – Preservation of native title rights – Prior extinguishment – Native title claim over maritime area – Native title right to take fish and other aquatic life for commercial purposes – Whether native title rights extinguished by fisheries legislation prohibiting, in the absence of a licence, taking of such resources for commercial purposes – Whether rights to take resources from an area constitute native title rights or interests within the meaning of s 223(1) of the Native Title Act 1993 (Cth) where those rights are held under traditional laws and customs on the basis of a 'reciprocal relationship' with a holder of 'occupation based' native title rights.

Short Particulars