Native Title Rights Over The Sea

Since Mabo, it is generally well understood that Aboriginal people have pre-existing Native title rights and interests over lands and waters that date back to the time of European arrival in Australia.

The Native title rights and interests claimed by Aboriginal and Torres Strait Islander people will vary from group to group, from place to place, and will also depend on what other non Native title rights exist or have existed in the same area. For example, in the Mabo case, the Murray Islanders who claimed Native title rights were able to prove that they held continuing exclusive rights to possess, occupy, use and enjoy the land under their traditional laws and customs.

However, what is generally not well understood is whether Native title rights exist in Australia's territorial waters. This issue was dealt with in the case of Yarmirr v Northern Territory. That case involved a Native title claim over an area of approximately 3,300 square kilometres around Croker