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THE
CROKER ISLAND DECISION AND NATIVE TITLE OFFSHORE
Overview
Croker Island is a small island (43 km x 14.5 km)
225 km north east of Darwin, 6.5 km by boat from the Cobourg
Peninsula. The waters surrounding it are the subject of the first
Australian claim to exclusive native rights over the sea, lead by
plaintiff Mary Yarmirr. The High Court decision on Commonwealth v
Yarmirr; Yarmirr v Northern Territory was handed down on 11
October 2001. This web page pulls together recent information about
the case, as well as other relevant materials on native title and
sea rights issues.
Cases
Commonwealth v Yarmirr; Yarmirr v Northern Territory [2001]
HCA 56 (11 October 2001) - High Court Decision
Commonwealth of Australia v Yarmirr [1999] FCA 1668 (3
December 1999) – Full Federal Court decision
Mary Yarmirr & Ors v Northern Territory & Ors
[1998] 771 FCA (6 July 1998) - Federal Court decision
Comment
Paul Burke,
Analysis of the High Court
Decision in the Croker Island Case
Paul Burke,
Summary of the High Court
Decision in the Croker Island Case
Lisa Strelein, 'Native
Title Offshore', Native Title News, Butterworths, Sydney,
2001.
Media
Media Release from the
National Native Title Tribunal
Resources
Bibliography of
materials related to Croker Island
Dillon, Rodney
2001.
'Exercising
your culture: Indigenous cultural heritage and the environment',
paper presented at Native Title Representative Body Legal
Conference, Townsville, 28-30 August.
Glaskin, Katie 2000. ‘Limitations
to the recognition and protection of native title offshore: The
current "accident of history"’, Land
Rights Laws – Issues of Native Title, Vol. 2, No. 5, June.
Hiley, Graham 2001. ‘Key
legal developments in native title’, paper presented at Native
Title Representative Body Legal Conference, Townsville, 28-30
August.
Hiley, Graham 2001. ‘The Croker Island Appeals’ in
B. Keon-Cohen (ed), Native Title in the New Millenium,
Aboriginal Studies Press, Canberra.
Hiley,
Graham 2001.
‘Fishing
in the seas off Croker Island', paper presented at Native Title
Representative Body Legal Conference, Townsville, 28-30 August.
Howie, Ross 2001. ‘Where are we at with native
title following the Appeals in Croker Island, Miriuwung Gajerrong
and Yorta Yorta’, in B. Keon-Cohen (ed), Native Title in the New
Millenium , Aboriginal Studies Press, Canberra.
Levy, Ron 1999. ‘Native
title and the seas: The Croker Island Decision’, Indigenous
Law Bulletin, Vol. 17, No. 17, January.
McAvoy, Tony 2001. 'Recent
developments in native title seminar', Paper presented at Native
Title Representative Body Legal Conference, Townsville, 28-30
August.
Meyers, Gary D. 1997.
‘Gone
fishin': Native title rights in Australia's territorial waters',
prepared for AIC Conference: Working with the Native Title Act: The
Political and Commercial Realities, Brisbane, 16-18 June.
Meyers, Gary D., Malcolm O'Dell, Guy Wright, and
Simone C. Muller 1996. A sea change in land rights law: The
extension of native title to Australia's offshore areas, Native
Title Research Unit, AIATSIS.
Smyth, Dermot 1994. 'State
and Territory laws affecting coastal areas and marine areas’,
summary of proceedings of a workshop, Proof and management of Native
Title, Canberra, 31 January – 1 February.
Smyth, Dermot.
'Saltwater country: Aboriginal
and Torres Strait Islander relationships with Australia's oceans’,
Issues Paper No. 6, Australia's Oceans Policy, Commonwealth of
Australia.
Sparkes, Stephen 2001.Native
title - all at sea?’, paper presented at Native Title
Representative Body Legal Conference, Townsville, 28-30 August.
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