Property Law

Northern Territory v Arnhem Land Aboriginal Land Trust [2008] HCA 29 (July 30 2008)

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Facts
  • The Yolngu people were granted approx. 90,000 acres of land in the NT under the Land Trust and Native Land Act (NT)
  • Under the act, the trust must exercise the land in the benefit of the Aboriginal people
  • Land was granted up to the high water mark and the appropriate Act said no one else could enter unless otherwise allowed by law
Issues
  • Does the Fisheries Act, which gives people permission to enter water to get fish under certain circumstances, allow people to enter native title areas?
Held
  • A right to fish existed in Australia but that was a public right and could be abrogated by legislation
  • The Fisheries Act deals not with where someone can fish, but with where they can’t. It doesn’t give express permission.
  • So no, they cannot enter unless express permission is granted by legislation or the trust 

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