Yarmirr, Mary & Ors v The Northern Territory of Australia & Ors [1998] FCA 1185

Yarmirr, Mary & Ors v The Northern Territory of Australia & Ors [1998] FCA 1185

Communal native title exists in relation to the sea and sea-bed within the described area; it is held by the Aboriginal peoples identified as the yuwurrumu members of specified clans, but the native title rights do not confer exclusive possession, occupation, use or enjoyment. The relevant rights are to fish, hunt and gather for personal, domestic or non-commercial communal needs and to have access to the area for such and traditional cultural purposes, subject to existing and future statutory rights and interests. The Court's orders and formulation align with the requirements of s 225 of the Native Title Act, and the form of the determination was adjusted to clarify and rectify prior...

Jurisdiction
Australia
Judgment Date
04 September 1998
Procedural Posture
Native Title Determination / Supplementary Reasons and Final Orders, Post Hearing
Outcome
Native title determined to exist; varied orders on document handling and costs; each party to pay its own costs.
Legal Topics
['determination of Native Title' 'sea and Sea Bed Rights' 'traditional Laws and Customs' "court's Jurisdiction Over Marine Areas" 'effect of Statutory Grants on Native Title']
['native Title' 'property Law' 'administrative Law'] ['determination of Native Title' 'sea and Sea Bed Rights' 'traditional Laws and Customs' "court's Jurisdiction Over Marine Areas" 'effect of Statutory Grants on Native Title']

Case Brief

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Procedural Posture

Native Title Determination / Supplementary Reasons and Final Orders, Post Hearing

Legal Issues

  1. 1 ['Whether communal native title exists in relation to the sea and sea-bed within the claimed area' 'Identification of the native title holders' 'Nature and extent of native title rights and interests in the area, including exclusivity and gathering rights' 'Effect of other statutory rights and interests on native title' 'Appropriate formulation of orders concerning documents and costs']

Ratio Decidendi

Communal native title exists in relation to the sea and sea-bed within the described area; it is held by the Aboriginal peoples identified as the yuwurrumu members of specified clans, but the native title rights do not confer exclusive possession, occupation, use or enjoyment. The relevant rights are to fish, hunt and gather for personal, domestic or non-commercial communal needs and to have access to the area for such and traditional cultural purposes, subject to existing and future statutory rights and interests. The Court's orders and formulation align with the requirements of s 225 of the Native Title Act, and the form of the determination was adjusted to clarify and rectify prior...

Court Disposition

Native title determined to exist; varied orders on document handling and costs; each party to pay its own costs.

Orders

  • ['Native title exists in relation to the sea and sea-bed within the described area.' 'Native title held by Aboriginal peoples specified as yuwurrumu members of five named clans.' 'A prescribed (registered) body corporate to perform s 57(3) Native Title Act 1993 functions.' 'Native title rights do not confer...