Risk v Northern Territory of Australia [2002] HCA 23

Risk v Northern Territory of Australia [2002] HCA 23

The seabed of bays and gulfs within the limits of the Northern Territory is not 'land' for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and thus cannot be the subject of a claim under that Act. The Act, properly construed by reference to its text, structure, history, and legislative materials, was not intended to confer claimable rights over the seabed or superjacent waters. Statutory references making provision for entry and control over adjoining sea areas would have been superfluous if such areas were claimable land.

Parties
Appellant: William Maxwell Risk; First Respondent: The Northern Territory of Australia; Second Respondent: Australia & Anor; Intervener: Northern Territory Seafood Council Inc (Intervener)
Jurisdiction
Australia
Judgment Date
30 May 2002
Procedural Posture
Appeal / High Court Appeal From the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Aboriginal Land Rights, Definition of Land, Seabed and Territorial Boundaries, Statutory Construction Under Aboriginal Land Rights (northern Territory) Act 1976 (cth)
Aboriginal and Torres Strait Islander Peoples Law Property Law Statutory Interpretation Aboriginal Land Rights Definition of Land Seabed and Territorial Boundaries Statutory Construction Under Aboriginal Land Rights (northern Territory) Act 1976 (cth)

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Parties

William Maxwell Risk

Appellant

The Northern Territory of Australia

First Respondent

Australia & Anor

Second Respondent

Northern Territory Seafood Council Inc (Intervener)

Intervener

Procedural Posture

Appeal / High Court Appeal From the Federal Court of Australia

Legal Issues

  1. 1 Whether the seabed of bays and gulfs within the limits of the Northern Territory is 'land' for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
  2. 2 Whether such seabed can be claimed under the Land Rights Act

Ratio Decidendi

The seabed of bays and gulfs within the limits of the Northern Territory is not 'land' for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and thus cannot be the subject of a claim under that Act. The Act, properly construed by reference to its text, structure, history, and legislative materials, was not intended to confer claimable rights over the seabed or superjacent waters. Statutory references making provision for entry and control over adjoining sea areas would have been superfluous if such areas were claimable land.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.