|
|
|
|
|
|
 |
Commonwealth v Yarmirr (2000) 168 ALR 426 (11 October 2001)  | | Category: | Case Law | | | Sub Category: | Case Law | | Location: | Croker Island, north east of Darwin, Northern Territory, Australia | | | Alternative Names: | Croker Island Case
| | Subject Matter: | Native Title | | URL: | http://www.austlii.edu.au/au/cases/cth/high_ct/2001/56.html | | | Summary Information: | | A majority of the High Court upheld the findings of Olney J in Yarmirr v Northern Territory (1998) 82 FCR 533 (as had the Full Federal Court in Commonwealth v Yarmirr (2000) 168 ALR 426) and dismissed the appeals, holding that:
- Non-exclusive native title rights could be recognised offshore;
- The common law could not recognise exclusive native title offshore because this would be inconsistent with both public rights to fish and navigate found under the common law and the right of innocent passage under international law. | |
|
|
|
|
 |