Frank Stewart Dethridge Memorial Address 1997: Offshore Cartography

Abstract

Griffith addresses the topic of offshore native title claims, given the relatively recent introduction of the Native Title Act 1993 (Cth), and how it may conflict with the common law rights of the public to fish and navigate freely in tidal waters and in the territorial sea, as well as the rights of ships of all nations under international law to navigate the oceans and to innocent passage through territorial waters. Griffith begins by looking briefly at the principles governing recognition of native title to Australian land, before examining native title from the perspective of the common law and its recognition of the freedom of the seas, and how native title rights offshore might fare in the open waters of international law.

After reviewing the evidence (including from other common law countries), Griffith concludes that it is unlikely at the least that native title rights to exclusive fisheries in outer maritime zones will be recognised.