Traditional rights recognised for the land and sea in Arnhem Land
| 11/10/2005 |
The Yolngu people have been recognised as holding native title rights to parts of East Arnhem Land, including rights over the sea, which co-exist alongside the rights of commercial and recreational fishers in one of the Northern Territory's most abundant fishing grounds.
The determination, made at the remote community of Yirrkala today, also recognised exclusive native title rights over areas of Aboriginal Lands Trust land inside the claim area.
The Federal Court's Justice Mansfield made final orders eight months after the court first recognised the Yolngu as the native title holders for the Blue Mud Bay region, 50km north-west of Groote Eylandt.
The Yolngu, represented by the Northern Land Council, first lodged their claim in November 2002. The application went straight to trial after it was registered and notified by the Registrar of the National Native Title Tribunal, as it raised new questions over the nature of native title rights and interests that could be recognised in the waters over the foreshore and in rivers and estuaries affected by the tide.
Tribunal President Graeme Neate said the determination was further clarification on the nature of sea rights for native title holders, following the landmark High Court decision for clan groups from Croker Island near Darwin.
‘In this case, the court has made orders for non-exclusive rights in a similar way to previous decisions dealing with areas of the sea,’ he said.
‘That means everyone currently accessing the waters of Blue Mud Bay can continue to do so, but the rights of the native title holders to hunt and fish for their cultural purposes have been recognised.’
The Yolngu were recognised as holding exclusive rights over most of the area of land under claim (which is already held as freehold under the Aboriginal Land Rights (Northern Territory) Act 1976).
The claim for 510 square kilometres of sea, including the foreshore fishing zone, has been recognised in the form of non-exclusive rights, in a similar manner to the Croker Island case and that achieved by the Lardil people in Queensland's Gulf of Carpentaria. These include the rights to hunt, fish, gather and use resources within the area (including the right to hunt and take turtle and dugong) for personal, domestic or non-commercial exchange or communal consumption for the purposes allowed by and under their traditional laws and customs.
- Justice Selway had made the original judgment but passed away before he could finalise the determination.
 Location of the Yolngu people's native title claim area in east Arnhem Land.
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| Charlie Wilson-Clark |
| 08 9268 7315 |
| 0419 441 504 |
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