Available at: http://www.humanrights.gov.au/news/stories/fishing-rights-affirmed-torres-strait-islanders
The High Court has affirmed the rights of Torres Strait Islanders to fish the Torres Strait for commercial or other reasons.
The ruling is cause for celebration, said Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda.
In Leo Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia & Ors, the High Court unanimously held that state and federal legislation prohibiting commercial fishing without a licence does not extinguish the native title right of Torres Strait Islanders to fish, for commercial or other purposes, in defined areas of water.
The parties conceded that native title holders would nevertheless need to comply with common law and all international, federal and state laws governing licence requirements for commercial fishing in the Torres Strait.
“Today’s result is the end of a long process for the people of the Torres Strait and is testament to their resilience and determination,” Mr Gooda said.
“The High Court decision affirms the rights of native title holders to fish the Torres Strait.
“The decision also confirms that commercial fishing regulations are not in conflict with native title rights,” Mr Gooda said.
Commissioner Gooda said the decision came 21 years after the historic High Court decision in Mabo, which found that native title existed on Murray Island, and almost 12 years after the Torres Strait Regional Sea Claim was first filed in the Federal Court.
“Commercial fishing rights are essential to the Indigenous people of Australia, not only because they are traditional rights but because they are integral to the economic development of Indigenous communities,” Mr Gooda said.