Commonwealth of Australia v Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group [2012] FCAFC 25

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group [2012] FCAFC 25 Citation: Commonwealth of Australia v Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group [2012] FCAFC 25

Appeal from: Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v State of Queensland (No 2) [2010] FCA 643

Parties: COMMONWEALTH OF AUSTRALIA v LEO AKIBA AND GEORGE MYE ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM GROUP AND OTHERS; LEO AKIBA AND GEORGE MYE ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM GROUP; COMMONWEALTH OF AUSTRALIA AND OTHERS

File number: QUD 387 of 2010

Judges: KEANE CJ, MANSFIELD, DOWSETT JJ

Date of judgment: 14 March 2012

Corrigendum: 26 April 2012

Catchwords: NATIVE TITLE – extinguishment – right to take marine resources for commercial purposes – 130 years of legislation controlling commercial fishing – whether simply regulatory in character or prohibitory. STATUTORY INTERPRETATION – construction of legislation claimed to abrogate native title rights – requirement of a clear and plain intention so to do. NATIVE TITLE – rights and interests – reciprocity based rights founded on a relationship to a person – whether content of rights include a right or interest "in relation to land or waters": s 223(1), NT Act. NATIVE TITLE – extent of determination area – criteria for determining "boundaries" of several marine estates – whether gaps between, or unused areas – "connection" to waters. NATIVE TITLE – extent of determination area – definition of outer boundaries of the claim area – whether native title proved in whole area – whether connection to all of marine estate established.