Published 1999-09-25
Keywords
- native title,
- offshore native title,
- exclusive native title rights,
- exclusive possession,
- Native Title Act 1993 (Cth)
- public fishing rights,
- right of navigation,
- right of innocent passage,
- internal waters,
- coastal waters,
- territorial sea,
- exclusive economic zone,
- high seas,
- Croker Island case ...More
Abstract
Bennett presents this paper as part of Business Session 3. Bennett begins the article by examining the recent Croker Island native title claim, which had been determined by Olney J in the Federal Court, focusing in particular on several central issues which usually arise in any native title claim to an area of offshore waters. These include: the basis for recognition by the Australian legal system of native title rights and interests in offshore areas, the types of native title rights which are capable of recognition in offshore areas, and especially the difficulties raised by claims of exclusive rights, and finally the nature of the connection to an area of waters which is necessary to support a claim to native title, and the associated evidentiary issues.
Finally, Bennett briefly considers the impact of the Native Title Act 1993 (Cth) on the legislative and administrative regulation of activities such as fishing and the exploitation of resources in offshore areas.