Arnhemland Aboriginal Land Trust v Director of Fisheries (Northern Territory) [2000] FCA 165

FEDERAL COURT OF AUSTRALIA Arnhemland Aboriginal Land Trust v Director of Fisheries (Northern Territory) [2000] FCA 165 ABORIGINAL LAND RIGHTS – Aboriginal Land Rights (Northern Territory) Act 1976 – grant of land to low water mark – whether terms of Act and grant exclude right to take fish and other aquatic life from tidal waters overlying Aboriginal land – whether terms of Act and grant are inconsistent with public right to fish or with licences granted under Fisheries Act 1988 (NT) authorising taking of fish and other aquatic life in tidal waters overlying Aboriginal land – whether s 73(1)(d) of Aboriginal Land Rights (Northern Territory) Act 1976 in referring to waters of the sea adjoining Aboriginal land refers only to waters of the sea seaward of low water mark. ABORIGINAL LAND RIGHTS – Aboriginal Land Rights (Northern Territory) Act 1976 – grant of land to low water mark including line at low water mark across mouths of rivers, streams and estuaries – whether terms of Act and grant exclude right to take fish and other aquatic life from waters in rivers, streams and estuaries affected by tidal waters – whether terms of Act and grant are inconsistent with public right to fish or with licences granted under Fisheries Act 1988 (NT) authorising taking of fish and other aquatic life in waters in rivers, streams and estuaries extending inland over Aboriginal land which are affected by tidal waters – whether effect of Aboriginal Land Rights (Northern Territory) Act 1976 and grant of land excludes public right to fish or excludes rights under licences granted under Fisheries Act 1988 (NT) authorising taking of fish and other aquatic life in such waters absolutely or at high water mark line across rivers, streams and estuaries. FISHING RIGHTS – nature of public right to fish – whether public right to fish extends to sedentary fish and other aquatic life – whether public right to fish extends to temporary affixing of nets to soil underlying tidal waters. FISHING RIGHTS – whether public right to fish abrogated by Fisheries Act 1988 (NT).