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Yarmirr v Northern Territory (Unreported, FCA, 4 September 1998, Olney J)

Category: Case Law
Date: 4 September 1998
Sub Category:Litigated Determination
Location:Croker Island, Northeast of Darwin, Northern Territory, Australia
The location of the Claim Area is described in the Determination as follows: 'a) The boundary of the claimed area, commencing from the easternmost point of de Courcy Head which is located on the mainland to the east of Croker Island and proceeding in a clockwise direction from de Courcy Head, is as follows: From de Courcy Head the boundary proceeds in a generally westerly direction by following the low water mark (subject to subparagraph (b) below) of the coastline to the point where it intersects with the border of the Cobourg Marine Park. This intersection point is on the sea coast at low water mark distant about 16 kilometres on a true bearing of 245 degrees from Coombe Point, Mountnorris Bay. It is also to the south of Guialung Point. The boundary then proceeds in a north of east direction for about 5 kilometres by following the border of the Cobourg Marine Park to latitude 11deg.28'52" South, longitude 132deg.40'30" East. The boundary then proceeds in a north of west direction along the Cobourg Marine Park border past Guialung Point and through Bowen Strait to that point on the Cobourg Marine Park border which has latitude 11deg.03'08.2" South, longitude 132deg.21'19.1" East. This point is located slightly to the north of west of Palm Bay, Croker Island. From here the boundary leaves the border of the Cobourg Marine Park and proceeds in a north of east direction to latitude 10deg.55'54.4" South, longitude 132deg.34'44.9" East. This point is located to the north of Cape Croker, Croker Island. The boundary then proceeds in a direction slightly south of east to latitude 10deg.56'59.7" South, longitude 132deg.49'49.7" East. This point is located north of Murri Point, Manburra (Oxley) Island. The boundary then proceeds in a direction slightly north of east to latitude 10deg.52'38.9" South, longitude 133deg.04'43.8" East. This point is located north of east of Gurrmal (New Year) Island. The boundary then proceeds in a direction slightly north of east to latitude 10deg.52'11.6" South, longitude 133deg.10'13.2" East. The boundary then proceeds in a direction south of west back to the point of commencement at the easternmost point of de Courcy Head. (b) Where the claimed area abuts the coast of an island or of the mainland of Australia: i) the sea-bed in the claimed area ends at the mean low water mark; and ii) the sea included in the claimed area are the waters above the sea-bed as defined in (i) above and the waters above the inter-tidal zone adjacent to the sea-bed as defined in (i) above (being an area ending at the mean high water mark). (c) All geographic co-ordinates are expressed in terms of the Australian Geodetic Datum as proclaimed in the Australian Government Gazette of 6 October 1966.'
Legal Status: Registered on the National Native Title Register o
Legal Reference: National Native Title Tribunal File No: DC94/6; Fe
Alternative Names:
  • Croker Island Seas Native Title Determination
  • Subject Matter:Native Title | Recognition of Native Title or Traditional Ownership
    URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/1998/1185.html
    Summary Information:
    This is a Litigated Determination in which the native title rights to land including sea country of the 'Yuwurruma members of the Mandilarri-Ildugij, Mangalara, Murran, Gadura-Minaga, and Ngaynjaharr clans' were determined (NNTT Summary, 2006).

    Native Title was found to exist in the entire claimed area.

    This decision was appealed to the Full Federal Court and the High Court of Australia on questions of law relating to the nature of the native title rights, however the determination that native title existed remained unchanged.

    Related Entries

    Organisation
  • Injarnyala Aboriginal Corporation
  • National Native Title Tribunal
  • Northern Territory of Australia - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Mandilarri People
  • Mary Yarmirr and Others
  • Case Law
  • Commonwealth v Yarmirr (2000) 168 ALR 426 (11 October 2001)

  • Glossary

    Native Title (Australia) | Litigated Determination (Native Title Act 1993 (Cth)) (Australia)

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