High Court finding on Torres Strait Islander commercial fishing rights

Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33 (7 August 2013)

Last Updated: 7 August 2013

HIGH COURT OF AUSTRALIA

FRENCH CJ,
HAYNE, CRENNAN, KIEFEL AND BELL JJ

LEO AKIBA ON BEHALF OF THE TORRES
STRAIT REGIONAL SEAS CLAIM GROUP APPELLANT

AND

COMMONWEALTH OF AUSTRALIA & ORS RESPONDENTS

Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia
[2013] HCA 33
7 August 2013
B58/2012

ORDER

1. Appeal allowed in part.
2. Set aside paragraph 1 of the order of the Full Court of the Federal Court of Australia made on 14 March 2012 and, in its place, order that the appeal to that Court is dismissed.
3.The first and second respondents pay the appellant’s costs of the appeal to this Court.
4. Appeal otherwise dismissed.

Full finding at:

http://www.austlii.edu.au/au/cases/cth/HCA/2013/33.html

ABC story:

World: High Court recognises commercial fishing rights for Torres Strait Islanders

ELEANOR HALL: A group of Torres Strait Islanders has won a landmark High Court victory in a native title case involving commercial fishing rights. The full bench of the court has determined that the group’s native title rights to fish between Australia and Papua New Guinea have not been extinguished by state and Commonwealth licensing laws. The group has been battling since 2001 to assert the fishing rights in order to build an economic base for their people. The University of Western Australia’s law lecturer Lauren Butterly told Ashley Hall that it is an historic decision. LAUREN BUTTERLY: It’s the first time we’ve seen commercial native title rights recognised, in this decision it’s fishing rights and they have been recognised unanimously by the High Court. ASHLEY HALL: Why has i…

to read the full story on a PC or Mac please use this link:

http://www.abc.net.au/worldtoday/content/2013/s3820058.htm